Indian Succession Act,1925
Act No : 39
Section :
Procedure on application.
373. Procedure on application.-(1) If the District Judge issatisfied that there is ground for entertaining the application, heshall fix a day for the hearing thereof and cause notice of theapplication and of the day fixed for the hearing-- (a) to be served on any person to whom, in the opinion of the Judge, special notice of the application should be given, and (b) to be posted on some conspicuous part of the court-house and published in such other manner, if any, as the Judge, subject to any rules made by the High Court in this behalf, thinks fit,and upon the day fixed, or as soon thereafter as may be practicable,shall proceed to decide in a summary manner the right to thecertificate. (2) When the Judge decides the right thereto to belong to theapplicant, the Judge shall make an order for the grant of thecertificate to him. (3) If the Judge cannot decide the right to the certificatewithout determining questions of law or fact which seem to be toointricate---------------------------------------------------------------------1 Added by Act 14 of 1928, s. 2.168and difficult for determination in a summary proceeding, he maynevertheless grant a certificate to the applicant if he appears to bethe person having prima facie the best title thereto. (4) When there are more applicants than one for a certificate,and it appears to the Judge that more than one of such applicants areinterested in the estate of the deceased, the Judge may, in decidingto whom the certificate is to be granted, have regard to the extent ofinterest and the fitness in other respects of the applicants.
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