After hearing learned counsel for the parties and perusing the record of the case, this Court is of the opinion that granting of succession certificate is a summary proceeding, the person holding debts and securities is not required to be impleaded. This is an established fact that SBI and the Company are mere custodians of the property of the petitioner's parents, and therefore, a law declaration of succession shall not be connected to them at all. At most after a lawful declaration of succession, the Bank and Company will have a legal obligation to hand over the assets to the valid successor. This proposition is also fortified by the judgment rendered by the Hon'ble Delhi High Court in the matter of Sushila Devi v. State & Ors. in CM(M) No. 985/2017, decided on 12.09.2017.

 After hearing learned counsel for the parties and perusing the record of the case, this Court is of the opinion that granting of succession certificate is a summary proceeding, the person holding debts and securities is not required to be impleaded. This is an established fact that SBI and the Company are mere custodians of the property of the petitioner's parents, and therefore, a law declaration of succession shall not be connected to them at all. At most after a lawful declaration of succession, the Bank and Company will have a legal obligation to hand over the assets to the valid successor. This proposition is also fortified by the judgment rendered by the Hon'ble Delhi High Court in the matter of Sushila Devi v. State & Ors. in CM(M) No. 985/2017, decided on 12.09.2017.

IN THE HIGH COURT OF RAJASTHAN

S.B. Civil Writ Petition No. 4796 of 2019

Decided On: 16.04.2019

 Aruna Derashri  Vs. Learned District Judge, Bhilwara (Raj.)

Hon'ble Judges/Coram:

Dr. Pushpendra Singh Bhati, J.

Citation: AIR 2019 Raj 137

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