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N.K.Assumi (Advocate)     05 March 2009

Application for succession Certificate a Judicial act or Quasi Judicial Act?

Proceedings for Succession Certifificate is purely judicial Act or quasi judicial Act? What exactly is the meaning of District Judge? Does it include District Civil Judge or a Session Judge of the District?



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 9 Replies

Vijay Kumar (Advocate)     06 March 2009

Purely judicial act. District Civil Judge and not the Sessions Judge.

V.V.RAMDAS (Advocate)     06 March 2009

Dear Assumi,


For obtaining a  sucession certificate one has file an application U/S 372 of the Indian Succession Act in a prescribed format before the District judge within whose jurisdiction the deceased ordianrily resided at the time of his death, or, ifat that time of had no fixed place of residence,or the proerty of the deceased may be found.Some states the power has been delegated to the Civil judges (Sr.Div) for inquiry. It is summery in nature. It is not a suit and  after the of that court a civil suit not barred or there privious order will not be  resjudicata.

RAKHI BUDHIRAJA ADVOCATE (LAWYER AT BUDHIRAJA & ASSOCIATES SUPREME COURT OF INDIA)     10 March 2009

Mr. Ram Das is absolutely right.

Swami Sadashiva Brahmendra Sar (Nil)     12 March 2009

s. 2 (bb) - "district judge" means the judge of principal civil court of original jurisdiction.  it  civil judge who has original jurisdiction. sessions courts have to try criminal cases.

Swami Sadashiva Brahmendra Sar (Nil)     12 March 2009

only for the reason that issuence of succession certificate is a summary proceeding, it does not take the shape of quasi judicial.

Vijay Kumar (Advocate)     12 March 2009

Dr. Tripathi is right.

Sachin Bhatia (Advocate)     04 October 2009

"District judge" means the judge of principal civil court of original jurisdiction.  it  civil judge who has original jurisdiction. sessions courts have to try criminal cases.

N.K.Assumi (Advocate)     18 January 2011

This question was posted because it is the district administrators who are issuing Succession Certficate in Nagaland.Thank you all for the valuable contributions on the subjects.

CA H M JOHARI (CHARTERED ACCOUNTANT)     16 July 2011

I require format of an application U/S 372 of the Indian Succession Act in a prescribed format

Pl.s send the same at my emasil id if possible

 

hmjoharica@gmail.com

thanks


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