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Najm-un-nissa Bibi Vs. Amina Bibi and ors. - Court Judgment

LegalCrystal Citation
CourtAllahabad
Decided On
Judge
Reported in33Ind.Cas.345
AppellantNajm-un-nissa Bibi
RespondentAmina Bibi and ors.
Cases ReferredAmina Bibi v. Najmunnissa Bibi
Excerpt:
civil procedure code (act v of 1908), section 109 - application for leave to appeal to privy council--succession certificate-holder, status of, if substantial question of law. - - there is no doubt that the succession certificate act provides for the granting of the certificate, that the effect of such certificate is that the holder of the certificate can give a good discharge to all the debtors of the deceased and that nothing in the act shall interfere with his liability to account to the persons beneficially entitled to the estate......of the succession certificate act, vii of 1889. this court held that a suit by one of the persons entitled to a portion of the estate was barred by limitation, applying article 62 of the limitation act. on behalf of the appellant it is contended that the holder of a succession certificate to collect the debts is a trustee for the persons entitled and that the provisions of section 10 of the limitation act apply and that even if this is not so, the proper article is article 120 of the act. there is no doubt that the succession certificate act provides for the granting of the certificate, that the effect of such certificate is that the holder of the certificate can give a good discharge to all the debtors of the deceased and that nothing in the act shall interfere with his.....
Judgment:

1. This is an application for leave to appeal to His Majesty in Council. The value of the suit in the Court below was under Rs. 10,000 and the value of the proposed appeal is also under Rs. 10,000. This Court did not affirm the decree of the Court of first instance. It is still, however, necessary to consider whether or not the case is a fit one for appeal to His Majesty in Council. The case is reported as Amina Bibi v. Najmunnissa Bibi 27 Ind. Cas. 712 : 13 A.L.J. 255 : 37 A. 233. The question of law involved is as to the legal position of a person who has collected the debts of a deceased person by virtue of his being the holder of a Succession Certificate granted under the provisions of the Succession Certificate Act, VII of 1889. This Court held that a suit by one of the persons entitled to a portion of the estate was barred by limitation, applying Article 62 of the Limitation Act. On behalf of the appellant it is contended that the holder of a Succession Certificate to collect the debts is a trustee for the persons entitled and that the provisions of Section 10 of the Limitation Act apply and that even if this is not so, the proper Article is Article 120 of the Act. There is no doubt that the Succession Certificate Act provides for the granting of the certificate, that the effect of such certificate is that the holder of the certificate can give a good discharge to all the debtors of the deceased and that nothing in the Act shall interfere with his liability to account to the persons beneficially entitled to the estate. We think that a substantial question of law of general public importance as to the status of the certificate-holder is involved in the present appeal. We accordingly grant a certificate that the case is a fit one for appeal to His Majesty in Council. We reject the prayer for consolidation.


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