(4) Procedure on application -Sec.373
- If the District Judge is satisfied that there is ground for entertaining the
application he shall fix a day for the hearing thereof and cause noticed of the
application and of the day fixed for the hearing -
(a) to be served on any person to whom, in the opinion of the Judge, special
notice of the application should be given, and
(b) to be posed on some conspicuous part of the Court-house and published in
such other manner, if any, as the Judge, subject to any rules made by High Court
in this behalf, thinks fit, and upon the day fixed or as soon thereafter as may
be practicable, shall proceed to decide in a summary manner the right to the
certificate.
- When the Judge decides the right thereto to belong to the applicant, the Judge
shall made an order for the grant of the certificate to him.
- If the Judge cannot decide the right to the certificate without determining the
questions of law or fact which seem to be too intricate and difficult for
determination in a summary proceedings, he may nevertheless grant a certificate
to the applicant if he appears to be the person having
prima facie the best title thereto.
- When there are more applicants than one for a certificate, and it appears to the
Judge that more than one such applicants are interested in the estate of the
deceased, the Judge may, in deciding to whom the certificate is to be granted,
have regard to the extent of interest and the fitness in other respect of the
applicants.
Simplified Version
(4) Procedure on application - Sec.373
1. If the district judge is satisfied that there is grounds for the case to be
admitted in court he will fix the date for hearing and send a notice about the
same to theapplicant of the day fixed for the hearing -
(a) it can be served to any applicant that the judge feels right: and
(b) if ever such a case has come to the high court with the similar
circumstances the present case would be decided on the basis of the merits of
the previous case
2. the judge would decide the right to the claim of the applicant, and if
satisfied can grant him the succession certificate.
3. If the judge is not sure that the applicant is the right successor but on
the face of it, applicant appears to be a right successor, court may grant him
certificate of succession.
4. when there are more than one person applying for the succession
certificate the judge may take in to consideration while granting the
certificate the extent of personal interest, mental and physical fitness of the
applicant.
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