Smt. Rukhsana & Ors. Vs. Smt. Nazrunnisa & Anr.
EmailAppeal: Civil Appeal No. 402-403 of 2000
(Arising out of S.L.P. (C) 4761-4762 of 1999)
(Arising out of S.L.P. (C) 4761-4762 of 1999)
Petitioner: Smt. Rukhsana & Ors.
Respondent: Smt. Nazrunnisa & Anr.
Apeal: Civil Appeal No. 402-403 of 2000
(Arising out of S.L.P. (C) 4761-4762 of 1999)
(Arising out of S.L.P. (C) 4761-4762 of 1999)
Judges: K.T. THOMAS & M.B. SHAH, JJ.
Date of Judgment: Jan 17, 2000
Head Note:
HINDU LAW
Indian Succession Act, 1925
Legal Representatives – Claim for share in compensation – How to be dealt with – Award of compensation in respect of the deceased who was employed in Kuwait – Wife and other relatives filing application for disbursement of compensation – Mother of deceased also making a claim – High Court directing the applicant to obtain succession certificate – Validity of such direction. Held compensation not being ”debt” or ”securities” succession certificate cannot be issued therefore. Parties directed to approach civil court for determination as to who were legal representatives and how much each heir is entitled to as per the personal law govern-ing them.
(Para 3)
JUDGEMENT:
ORDER
1. Leave granted.
2. An amount of Rs. 18,83,385/- has been sanctioned as compensa-tion on account of death of one Mohd. Jalaluddin, who was em-ployed in Kuwait. His widow Smt. Rukhsana and some others filed an application for disbursement of the said amount. The mother of late Mohd. Jalaluddin has also made a claim for a portion of the said amount. Now, the High Court has directed them to produce a Succession Certificate and observed that on production of such Certificate, the court before which the claims were, will determine the shares payable to each of the claimants.
3. We cannot approve the said view of the High Court, for, Suc-cession Certificate as envisaged in the Indian Succession Act can be granted only in respect of “debts” or “securities” to which a deceased was entitled. The amount involved in this case was not a debt or security to which the deceased was entitled. This was a compensation sanctioned on amount of the death of the deceased and is, therefore, not an asset belonging to the deceased but an amount which the legal representatives of the deceased can claim on their own account. The civil court will only decide as to who are the legal representatives and in what shares they are enti-tled to as per the Personal Law applicable to them. The Parties will move appropriate application before the court concerned for expediting the procedure regarding disbursement of the amount. With these observations we set aside the impugned order.
4. These appeals are accordingly disposed of. No costs.
1. Leave granted.
2. An amount of Rs. 18,83,385/- has been sanctioned as compensa-tion on account of death of one Mohd. Jalaluddin, who was em-ployed in Kuwait. His widow Smt. Rukhsana and some others filed an application for disbursement of the said amount. The mother of late Mohd. Jalaluddin has also made a claim for a portion of the said amount. Now, the High Court has directed them to produce a Succession Certificate and observed that on production of such Certificate, the court before which the claims were, will determine the shares payable to each of the claimants.
3. We cannot approve the said view of the High Court, for, Suc-cession Certificate as envisaged in the Indian Succession Act can be granted only in respect of “debts” or “securities” to which a deceased was entitled. The amount involved in this case was not a debt or security to which the deceased was entitled. This was a compensation sanctioned on amount of the death of the deceased and is, therefore, not an asset belonging to the deceased but an amount which the legal representatives of the deceased can claim on their own account. The civil court will only decide as to who are the legal representatives and in what shares they are enti-tled to as per the Personal Law applicable to them. The Parties will move appropriate application before the court concerned for expediting the procedure regarding disbursement of the amount. With these observations we set aside the impugned order.
4. These appeals are accordingly disposed of. No costs.
