Shev Shetty vs Jamna Bai

Palnitkar, C.J.—This is an appeal u/s 384, Indian Succession Act. One Gopikishen died. His widow, Jamna Bai, submitted a petition, for the grant of succession certificate to collect the debts due to the deceased by several debtors, The Appellant who is one of the debtors objected to the grant of the certificate stating that Gopikishen had taken one Srivallabh in adoption. Srivallabh never came to the Court nor contested the claim of Jamna Bai.

The lower Court granted the succession certificate, and rejected the plea of the Appellant on the ground that there was no proof of the adoption. I do not find any reason to admit this appeal. The purpose of grant of a succession certificate is to give a valid discharge of the debt, if paid, by the debtor to the person in whose favour the certificate has been granted. The debtor has no right to say that as between two hems one is a preferential heir as against the other. Moreover, the lower Court has held the adoption as not proved. There is no force in this appeal which is, therefore, rejected.