Jurisdiction of district judge u/s 371 of the indian succession act 1952
Mr. M Dihingia
(Querist) 22 August 2013
This query is : Resolved
Respected Sir/ Madam,
the problem is that the deceased "X" was a govt. employee. he was working in " West Siang district" of A.P. However, due to the sudden illness, the deceased had to come home situated in "Dhemaji district" of Assam ultimately where he died. he died inestate leaving behind a wife, a son and a minor daughter, in "Dhemaji district" of Assam. Besides, debts and securities arising from the deceased's service is lying in the West Siang district".
Under section 371 of The Indian Succession Act 1925, now, which one of the two District Judge's Courts has the jurisdiction to grant a succession certificate?
Anirudh
(Expert) 23 August 2013
The place of working will not decide the jurisdiction in that matter. It is only the normal/permanent place of residence of the person which would govern the jurisdiction.
R.K Nanda
(Expert) 23 August 2013
state real facts instead of ABCD.
Raj Kumar Makkad
(Expert) 24 August 2013
You ned to furnish more information over the issue.
Guest
(Expert) 24 August 2013
Dear lawyer, Mr. M Dihingia,
We do not prefer to suppose or presume anything. Better discuss the real problem to ask for approoriate solution.
Moreover, Pension and gratuity are not the properties of a Government servant, rather retirement/terminal benefits granted to the Government srvant or his family by the Government and are regulated by labour and service laws, not by property laws. You may merely be misleading the case if you deal that under property laws. Mind it, family pension is not granted to any if the legal heirs, except the wife or minor children of the deceased Government servant under the provisions of service laws. So, even succession certificate may not work, if the Government servant had already submitted the list of his family members to the competent authority and the same already stand recorded in his service record.
Mr. M Dihingia
(Querist) 25 August 2013
Respected Sir/ Madam,
the problem is that the deceased "X" was a govt. employee. he was working in " West Siang district" of A.P. However, due to the sudden illness, the deceased had to come home situated in "Dhemaji district" of Assam ultimately where he died. he died inestate leaving behind a wife, a son and a minor daughter, in "Dhemaji district" of Assam. Besides, debts and securities arising from the deceased's service is lying in the West Siang district".
Under section 371 of The Indian Succession Act 1925, now, which one of the two District Judge's Courts has the jurisdiction to grant a succession certificate?
