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2021 0 Supreme(Bom) 1100 : Yes, a succession certificate can be granted under Section 372 of the Indian Succession Act for the contents of a bank locker, including cash and golden ornaments, as part of the estate of the deceased. The court held that the appellants were entitled to a letter of administration for the estate, which included the contents of the lockers, and that the grant of a succession certificate for the savings bank account and letter of administration for the estate (including locker contents) was legally permissible under the Indian Succession Act. The court emphasized that the relationship between the bank and locker hirer does not bar the grant of such certificates, and that the distribution of the estate, including locker contents, is governed by the provisions of the Act, particularly Sections 218 and 291.Checking relevance for SUNILBHAI PANCHANBHAI MAKWANA VS NANIBEN BIJALBHAI SOLANKI...
2023 0 Supreme(Guj) 386 : A Succession Certificate under Section 372 of the Indian Succession Act is limited to debts and securities and cannot be granted for movable and immovable properties, including a bank locker. The court held that the scope of Section 372 is confined only to debts and securities, and the certificate is conclusive only with respect to those. Therefore, a Succession Certificate cannot be obtained under Section 372 for a bank locker or property located within it.Checking relevance for Anandi VS Ramji Lal...
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2023 0 Supreme(Guj) 250 : Yes, a succession certificate can be sought under Section 371 and 372 of the Indian Succession Act for immovable properties, including property held in a bank locker. The court explicitly held that the succession certificate can be asked for immovable properties, and this includes property situated in a bank locker. The court rejected the argument that Section 372(f) prohibits issuance of a succession certificate for immovable properties, noting that nothing in the section bars such a grant. The court emphasized that the provisions of Section 372(1)(a) to (f) do not exclude immovable properties, and the right to claim such property through a succession certificate is valid.Checking relevance for Banarsi Dass (Shri) VS Teeku Dutta (Mrs. )...
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2008 1 Supreme 460 : Section 372 of the Indian Succession Act allows for the grant of a succession certificate for movable properties of a deceased person, including those held in a bank locker. The document confirms that applications under Section 372 can be filed by eligible persons such as the second wife (Vidhyadhari), who was also a nominee, and the legal heirs of the deceased. The court held that even though the second marriage was void, children born from it were legitimate and entitled to benefits like pension, and the second wife, as nominee and mother of the legal heirs, was entitled to file under Section 372. This establishes that a succession certificate under Section 372 can be sought for movable assets, including those in a bank locker, by eligible persons such as nominees and legal heirs, even if the marriage was void.Checking relevance for Om Prakash VS State Of U. P. ...
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2006 0 Supreme(Chh) 553 : Section 370 of the Indian Succession Act does not envisage the requirement of a succession certificate for access to bank lockers or for realizing ornaments kept inside the locker. Therefore, a succession certificate cannot be granted under Section 372 of the Act for access to a bank locker or for recovery of property within it, especially when there is a dispute over ownership of the contents. The court held that the power to issue a succession certificate is limited to debts and securities, and access to a bank locker and its contents do not fall within this category.