Final Order 3

Order Details: COPY OF JUDICIAL PROCEEDINGS
Pdf Text: 1 Succ. Court 12/23
PRAVEEN SAGGAR Vs. THE STATE
12.10.2023
Present : Sh. Dalvinder Singh, Ld. counsel for petitioner with
petitioner.
Perusal of file shows as per petition, the ordinary place
of residence of the deceased is House no.31/110, Street No.6,
Bhikham Singh Colony, Vishwas Nagar, Delhi-110032 which is
beyond the territorial jurisdiction of this Court. Section 371 of the
Indian Succession Act, 1925 reads as follows :
“Court having jurisdiction to grant certificate –
The District Judge within whose jurisdiction the
deceased ordinarily resided at the time of his
death or, if at that time he had no fixed place of
residence, the District Judge, within whose
jurisdiction any part of the property of the
deceased may be found, may grant a certificate
under this part”.
From the aforesaid provision, it is clear that the Court
within whose jurisdiction the deceased ordinarily resided at the time
of his death is competent to grant succession certificate qua the
debts / securities of the deceased and if the said deceased had no
fixed place residence at the time of his death, then only the Court
within whose jurisdiction any part of the property is found is
competent to grant succession certificate.
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In view of above, it is clear that the deceased was not
residing ordinarily at the time of his death within the jurisdiction of
this Court.
Accordingly, the present plaint be returned under Order
VII Rule 10 CPC to the petitioner with liberty to file the same before
the competent Court having jurisdiction.
Ahlmad is directed to return the present petition to the
petitioner after completion of necessary formalities as per Order VII
Rule 10 CPC.
File be consigned to Record Room after due compliance.
SWATI GUPTA-I
ACJ/CCJ/ARC, NDD, PHC
NEW DELHI : 12.10.2023
R
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