Succession Can Only Be Granted To Legal Heirs Of A Person Who Dies Intestate: Delhi High Court
By Team Legistify / 2017-05-17

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The Delhi High Court has held that in cases where someone dies without a will, succession can only be granted to the legal heirs of that person, not the nominee. Justice Valmiki Mehta was hearing an appeal against an order by the trial court dated January 18, 2017, wherein the application for revocation of succession certificate filed by the appellant was rejected.

The succession certificate was granted to Sonia Yadav and Bhim Singh, daughter and husband of deceased Kamla Devi, who passed away on April 25 last year. The appellant, Rampali, is the deceased’s sister. She sought revocation of the succession certificate on two grounds.

One, the father and daughter had not been residing with the deceased for 35 years and secondly, in government records, Rampali was Kamala Devi’s nominee.

The trial court dismissed this application on the ground that Sonia Yadav and Bhim Singh were the legal heirs of Kamla Devi under Section 15 (1)(a) of the Hindu Succession Act and that nomination is not a will in law and it does not make a nominee owner of the property.

Justice Valmiki concurred with the trial court’s position and held that nomination is not a will in law was settled in the case of Smt Sarbati Devi and Another Vs Smt Usha Devi AIR 1984 SC 346 by the Supreme Court.

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