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.”

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