Succession certificate
Neeraj Kaushal
(Querist) 25 August 2012
This query is : Resolved
i have filed petition U/S 372 of Indian Succession Act for obtaining succession certificate from the court of Civil Judge and General Public arrayed as respondent in aforesaid petition , now 2 respondents from general public are coming forward to contest the case , my problem is that court has asked me that if petition is contested by someone then civil judge ( Jr. Div) has no jurisdiction to entertain this petition , whether civil judge ( Jr.Div) has no jurisdiction to entertain the petition U/S 372 of Indian Succession Act on the ground that petition is contested. reply with supporting law.
venkatesh Rao
(Expert) 25 August 2012
The civil judge before whom you have filed petition is very much competent to try the petition even if contested. But only thing is if it is contested and objections are filed, the petition will be converted as original/regular civil suit and the trial goes on in the manner prescribed for trial of suits.
Devajyoti Barman
(Expert) 26 August 2012
Yes, if the application for succession certificate or Probate is contested then the higher court has jurisdiction to try this case.
In WB it is District Judge who try this case.
Neeraj Kaushal
(Querist) 26 August 2012
is there any law regarding this .
J K Agrawal
(Expert) 26 August 2012
An application under section 372 (as per the section itself) can be filed before only the District Judge and not before a civil Judge of Jr Division. No matter it is contested by any body or not.
The matter has some complications.
In most part of the India the probate of a will is not required.
In such a case a it is a common thought among lawyers and Courts that a will can be declared valid or void by Civil Judge Jr Division or any Court.(However I personally have doubt and do not support this practice. My belief is that only probate court can do this which is the District Judge only).
But again I say that there is different court fee mentioned for such a suit contested and non con contested. In Rajasthan as per Schedule II item number 11 (J) the fee for probate is Rs 25/- and it it is contested the Court fee is Half of the fee payable ad volerum.
The provisions may be different in your state.
Surender Kumar Sharma
(Expert) 27 August 2012
it is same in orissa as stated by Mr. Agrawal and you belongs to which state it is not known contact local lawyer
