In Re: Asis Santra

THE COURT : This Revisional application is directed against an order being order No. 7 dated 21st. of December, 1992 passed by the learned District Delegate, Howrah in Succession Certificate Case No. 106 of 1992. It appears that the predecessor-in-interest of the applicant, his widowed mother, brothers and sisters could not be traced for a period of more than 7 (seven) years and such was presumed to be dead and upon such presumption, an application for Succession Certificate was made with regard to the ornament, which were lying with the Bank, having been pledged or hypothecated against a loan of Rs. 6,300/- (Rupees Six thousand and three hundred). It has been found by the impugned order, which relates to Schedule ''A'' of the application for Succession Certificate, made on behalf of the applicant and his other relations, as mentioned above, that the Court directed that no Succession Certificate was needed, but a valuation by Government Valuer be made. We are not unmindful that there are decisions'' of some other High Courts holding the view that in case of pledged ornaments, succession certificate would not be necessary; but in this case, a debt or loan had already been paid for, and now, as moveables, if a claim is lodged, a Succession Certificate will have to be taken. Such Certificate cannot be allowed to be granted without payment of proper stamp duty on the basis of actual valuation of the pledged ornaments. We, therefore, direct that the proceeding for issuance of the Succession Certificate be expedited upon holding that Succession Certificate will, be necessary for obtaining delivery of such ornaments. The Court is directed to appoint a Valuer with a mandate on him to complete the valuation within 10 days from the date of his appointment. For that purpose, the Bank is directed to give access to the Valuer. The proceeding in Succession Certificate be complied within a further period of 10 days from the date of submission of the Report by the Valuer.

The Revisional application is thus disposed of There will be no order as to costs. Affidavit-of-service filed in Court today be kept on the records of this case.

Let xerox copy of this order be delivered to the learned advocate for the petitioner on his usual undertaking to apply for and obtain urgent certified copy.

Kuchun