Succession Act sec 372URGENT
Priya Sharma
(Querist) 20 January 2011
This query is : Resolved
Under the provisions of section 372 of the Succession Act, petition has been filed by the respondents which are the body corporates against our Company and the Company has been asked to appear before the court for hearing.
My question is the act does not say that pleader has to appear before the court and secondly whether section 372 applies to body corporates also as section speaks in tersm of the deceased individual only.
Amit Minocha
(Expert) 20 January 2011
Have you come across any ACT which says that pleader has to appear before the Court ?
The deceased is an individual but the petitioner / respondent can be a corporate as well.
Parveen Kr. Aggarwal
(Expert) 20 January 2011
Although Succession Certificate can be gratned in respect of the property of a natural person but application for Succession Certificate can be filed by a corporate body.
"372. Application for certificate.-(1) Application for such a certificate shall be made to the District Judge by a petition signed and verified by or on behalf of the applicant in the manner prescribed by the Code of Civil Procedure, 1908, (5 of 1908.) for the signing and verification of a plaint by or on behalf of a plaintiff, and setting forth the following particulars, namely:--
(a) the time of the death of the deceased;
(b) the ordinary residence of the deceased at the time of his death and, if such residence was not within the local limits of the jurisdiction of the Judge to whom the application is made, then the property of the deceased within those limits;
(c) the family or other near relatives of the deceased and their respective residences;
(d) the right in which the petitioner claims;
(e) the absence of any impediment under section 370 or under any other provision of this Act or any other enactment, to the grant of the certificate or to the validity thereof if it were granted; and
(f) the debts and securities in respect of which the certificate is applied for.
(2) If the petition contains any averment which the person verifying it knows or believes to be false, or does not believe to be true, that person shall be deemed to have committed an offence under section 198 of the Indian Penal Code. (45 of 1860.)
(3) Application for such a certificate may be made in respect of any debt or debts due to the deceased creditor or in respect of portions thereof."
