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Jai Dei Vs. Banwari Lal - Court Judgment

LegalCrystal Citation
SubjectFamily
CourtAllahabad
Decided On
Judge
Reported in(1913)ILR35All249
AppellantJai Dei
RespondentBanwari Lal
Excerpt:
act no. vii of 1889 (succession certificate act), section 9--certificate in favour of hindu widow to realize interest only--certificate ultra vires. - .....any necessity to take security from the widow under the circumstances. the parties will be allowed to go into evidence on the point and on that evidence the court will come to a conclusion. if it comes to the conclusion ghat security is necessary, it will grant a certificate conditional on her furnishing security. if it comes to the conclusion that security is not necessary, it will grant a certificate unconditionally. the costs of this appeal will abide the result.
Judgment:

Tudball and Muhammad Rafiq, JJ.

1. The appellant Musammat Jai Dei applied under Section 6 of Act VII of 1889, the Succession Certificate Act, in respect of four debts due to her deceased husband. The application was opposed by certain reversioners, who asked the court to take security from the widow, as there was every likelihood of her wasting the corpus of the property if it reached her hands. On that the District Judge passed the following order: 'The certificate asked for is granted with the condition that the applicant may not disturb the capital sum and shall draw interest only. This will obviate the necessity for security.' Musammat Jai Dei has come here on appeal, and it is urged that the condition imposed by the court is ultra vires and that so much of the order passed is illegal. The case is similar in all respects to the case of Musammat Shib Dei v. Ajudhia Prasad F.A. f. o., No. 108 of 1910, decided on the 13th of February, 1911. As in that cause, all that the Court could do was to require as a condition precedent to grant of the certificate that the widow should give security under Section 9 for rendering an account of the debts and securities received by her and for indemnifying the persons who may be entitled to the whole or any part of the debt. The certificate as granted by the Judge would only entitle the widow to recover from the debtors the interest on the debts. It is not a question of the--'securities and interest on securities'--as defined in Section 3 of the Act. We set aside the order of the Court below and direct that Court to readmit the application and to proceed to enter into and decide as to whether or not there is any necessity to take security from the widow under the circumstances. The parties will be allowed to go into evidence on the point and on that evidence the Court will come to a conclusion. If it comes to the conclusion ghat security is necessary, it will grant a certificate conditional on her furnishing security. If it comes to the conclusion that security is not necessary, it will grant a certificate unconditionally. The costs of this appeal will abide the result.


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