Dispute over legal heirs

Applicant had filed application for succession certificate, which was dismissed on ground that civil court could only determine issues relating to status of legal heirs

Contention of the applicant was that even in case of dispute, Succession Certificate could still be granted under S.373, Succession Act, 1925

Validity

Section 373 of the Act related to extent of share of an applicant and was irrelevant in present case

Proceedings under the Succession Act, 1925 being summary in nature could not help in determining the issue of status of a party hence in the event of dispute regarding status of a party, the proper course would be for parties to approach the competent civil court for declaration of such disputed status and then resort to course provided under the Succession Act, 1925

Applicant, in the present case, had claimed that one of the interveners who appeared in the proceedings and claimed to be legal heir was not the actual wife of the deceased and that the deceased had divorced one of his wives, which issues could not be determined in succession proceedings

Impugnedorder whereby parties had been directed to resort to civil court regarding determination of disputed issues did not suffer from any illegality or infirmity

Appeal was dismissed, in circumstances.