' SYED MANSOOR ALI SHAH, J.---On 24-12-2009 when the case came up before this court notices were issued through proclamation in the Daily News which appeared in the said newspaper on 8- 1-2010. As no one tendered appearance to oppose the petition, ex parte proceedings were initiated.
2. Brief facts are that the petitioner filed an application for the grant of succession certificate before the learned Civil Judge, Sialkot on 7-11-2009. Notices were issued to public at large through proclamation in the "Daily Insaaf" (newspaper) and no one entered appearance to contest the said certificate. The statement of the petitioner and supporting evidence of one Sohail Zafar were recorded by the court. Thereafter through the impugned order the learned Civil Judge sought additional information from the petitioner in the following manner:--
(i) The original record of Union Council 41/6 Muhammad Pura Sialkot is summoned regarding death of deceased.
(ii) Petitioner is directed to produce death certificates of the parents of deceased.
(iii) Record of NADRA is summoned in order to ascertain the successors of deceased.
(iv) Notices/letter be issued to the concerned banks about the amount deposited in the name of deceased that the said amount is available for the present successors of the deceased."
3. The petitioner has challenged the said order to be in violation of section 373 of the Succession Act, 1925. He further submitted that the issuance of succession certificate is a summary procedure and the court cannot travel into intricate questions of fact. Counsel has relied upon 2000 CLC 585, 1999 YLR 224, (1903) ILR 31 Cal.
133.
4. The question that needs to be answered is the nature and extent of enquiry permissible in the summary proceedings under section 373 of the Act.
5. Before going through the relevant provisions of the Act, it is important to consider the facts of the present case. The widow and the minor son of the deceased have made the application, for issuance of Succession Certificate. The petitioner (widow) has placed the following documents on the record of the learned trial Court along with her application for grant of Succession Certificate:-
(i) Guardianship Certificate dated 2-11-2009 issued by the Guardian Judge, Lahore and the details of the property given in the said Guardianship Certificate include the debts and securities mentioned in the application in hand;
(ii) Death certificate of her husband and;
(iii) Bank certificates showing the amount held in various accounts of the deceased.
6. Notice to public at large was issued by the court below (in Daily "Insaaf) and once again by this court in the Daily "News" but no one has come forward to contest the application
7. The Preamble to the Succession Act, 1925 reads:-- "Whereas it is expedient to facilitate the collection of debts on succession and afford protection to parties paying debts to the representatives of the deceased person". The object of enacting Part X) is to facilitate the collection of debts, left by the deceased and not to litigate on question of title [reliance placed on Prankristo v. Nabadwip (ILR 8 Cal. 868)].
8. Succession Certificate neither gives any general power of administration on the estate of the deceased nor establishes title of the grantee as the heir of the deceased. It only furnishes the grantee with authority to collect debts due to the deceased and allows the debtors to make payments to him without incurring loss. Thus the object of the said certificate to facilitate the collection of the debts, to regulate the administration of Succession and to protect person who deals with the alleged representatives [ref: Banarasi Dan v. Tekka Duna (2005) 4 SCC 4491. The purpose of the grant of a succession certificate is to give a valid discharge of the debt if paid by the debtor to the person in whose favour the certificate has been granted.
9. Succession Certificate is not a final adjudication of the question as to who is the next heir. The grant of succession certificate merely clothes the holder of the certificate with an authority to realize the debts of the deceased and to give an authority of discharge.
10. The relevant provision of law which allows issuance of the Succession Certificate is section 373 of the Act. It is useful to reproduce the same hereunder: -- "Procedure on application.---(1) 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 notice 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 posted on some, conspicuous part of the Court-house and publish in such other manner, if any, as the Judge, subject to any rules made by the 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.
(2) When the Judge decides the right thereto to belong to the applicant, the Judge shall make an order for the grant of the certificate to him.
(3) If the Judge cannot decide the right to the certificate without determining questions of law or fact which seem to be too intricate and difficult for determination in a summary proceeding, he may nevertheless grant a certificate to the applicant if he appears to be the person having prima facie the best title thereto.
(4) when there are more applicants than one for a certificate, and it appears to the Judge that more than one of 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 respects of the applicant." (Emphasis supplied)
11 By summary proceeding, it is meant that court should decide the question by a short, inquiry leading up to and resulting in a rapid decision. The nature of this inquiry must depend on circumstances of each case. Thus, where the Court feels that the question involved is not capable of decision in summary proceedings under the Indian Succession Act, it can leave the parties to establish their rights in a regular suit....In a summary proceeding contemplated in Part-X the court can dispose of the petition without determining the law or facts which seem to it to be too intricate to the person who appears to have prima facie the best title thereto. While investigating into an application under the Indian Succession Act, the court need not determine definitely and finally as to who has the best right to the estate of the deceased. All that is required to be done is to hold a summary enquiry into the right to the certificate, with a view, on one hand, to facilitate the collection of debts due to the deceased and prevent the same being time-barred and on the other hand, to afford protection to the properties from being misused. The grant of succession certificate to a person does not give him an absolute right to the debt nor does it bar a legal suit for adjustment of the claims of the heirs inter se" Indian Succession Act, 1925 by Sen and Sengupta 5th Edition 2008, relying on KamaIan v. Panchali AIR 1988 KER 265 and Binod v. Chandrama AIR 2003 Ori.
11).
12. Having gone through the facts of the present case and the law on the question it is clear that the summary proceedings under section 373 of the Act is to determine whether the petitioner has a right to a certificate. I find that/the enquiry conducted by the learned Civil Judge out steps the limits of summary proceedings especially in the light of the documents placed on the record mentioned above. The information F sought in para.3 of the impugned order is, therefore, not necessary or warranted by law.
13. For the above reasons, this petition is allowed, order dated 14-12-2009 of the learned trial Court is set aside with the direction to conclude the summary proceedings under section 373 of the Succession Act, 1925 expeditiously within a month from the receipt of this order.