Production Of Succession Certificate Mandatory When Decree Holder Dies Only If Decree Amount Comes Under ‘Debts’ Or ‘Securities’

Case: M. Baburaj v. State of Kerala

Coram: Justice A Badharudeen

Case No.: OP(C) NO. 1154 OF 2022

Court Observation: “The law emerges is that production of succession certificate is mandatory as per Section 214(1)(b) of the Succession Act when the decree holder dies in cases where the decree amount comes under the category ‘debts’ or ‘securities’. Therein also, there is an exception that when the decree holder dies after deposit of the amount before the court, production of succession certificate is not necessary to withdraw the amount by the legal representatives.”

Previous Posts

JJ Act: Child In Conflict With Law Can Seek Anticipatory Bail U/S 438 CrPC: Bombay High Court

Simultaneous Prosecution Of Accused U/S 420 IPC & S.138 NI Act On Same Set Of Facts Not Double Jeopardy: J&K&L High Court

Courts Can’t Enter Into Merits Of Selection Process Unless Selection Committee Has Been Malafide Or In Violation Of Statutory Rules: Delhi High Court

When Substantial Evidence Is Lacking To Connect Accused With Crime, Other Corroborative Evidence Loses Significance: Gujarat High Court

Omission In Framing Of Charge Not Fatal By Itself Unless Prejudice Caused To Accused: Madras High Court

498-A IPC Report Can’t Be Used As Weapon To Teach Lesson To In-Laws To Settle Scores With Husband: Chhattisgarh HC

Employee’s Termination Without Departmental Inquiry Based On Incomplete & Non-Specific Show Cause Notice Violative Of S.25G Of ID Act: Gujarat HC

Subsequent SC Decisions Which Have Considered & Distinguished Earlier Judgments Binding On High Courts: Supreme Court

Ready Reckoner Rates Meant For Calculation Of Stamp Duty Cannot Be The Basis For Determination Of Land Acquisition Compensation: Supreme Court

Cannot Find Favour When Free Speech Is Celebrated – Kerala High Court Quashes Censure against KSEB Cashier For WhatsApp Text Against CM Download Judgement