NIA 138
Querist :
Anonymous
(Querist) 17 March 2010
This query is : Resolved
MY QUERY POSTED ON 14/3/2010 REGARDING CASE RESTORED BY TWO DEPENDENTS(OUT OF THREE) AFTER DEMISE OF COMPLAINANT&DISMISSAL OF CASE IN DEFAULT.HAVE NOTED THE OPINION POSTED BY EXPERTS.HOWEVER,I SEEK CLARIFICATION VIS-A-VIS RECENT JUDGMENT OF MUMBAI HIGH COURT, AURANGABAD BENCH DTD.25/1/10, VISHNUPANT vs KAILASH POSTED ON THIS SITE ON 5/2/10 WHICH STIPULATES THAT AUTHORISATION OF LRs BY SUCCESSION CERTIFICATE IS A MUST. WHETHER THIS WOULD BE ACCEPTABLE BY DISTT. COURTS OF OTHER STATES IN CASE OF REVISION APPLICATION?
Querist :
Anonymous
(Querist) 26 March 2010
EFFECT OF MUMBAI HIGH COURT JUDGEMENT AS THERE IN NO SUCCESSION CERTIFICATE ON RECORD AND CASE WAS RESTORED , AFTER BEING DISMISSED EARLIER, ONLY ON A SIMPLE APPLICATION BY TWO(out of three)HEIRS.ALSO ACCEPTANCE OF THIS JUDGEMENT BY DISTT. COURTS OF OTHER STATES.
