AI Structured Summary
Not yet generated for this judgment
Judgment
Ramesam, J.—Under the 1st part of Section 16 of the Succession Certificate Act (now Section 381 of the Succession Act of 1925) the
certificate (Ex. B) is conclusive against the debtor [vide, Kuchur Iyer v. Vengu Ammal 93 Ind. Cas. 360 : 50 M.L.J. 432 : (1926) M.W.N. 116 :
AIR 1926 Mad. 407 : 23 L.W. 728
The learned Vakil for the respondent refers to Section 386 of the Succession Act of 1925 (Section 22 of Act VII of 1889) which shows that he
need not pay if the certificate is invalid. But I do not see why the certificate is invalid.
Even if another person (such as the daughter) turn out to be the heir of the deceased, it does not follow that the certificate is invalid. Section 374
has no bearing in the case.
The petition is allowed and the plaintiff is given a decree with costs throughout.