I (2013) DMC 229
CHHATTISGARH HIGH COURT
RANJANA KAMBLE
versus
RANJANA VIMALTAI & ORS.
Civil Revision No. 25 of 2011-Decided on 17.4.2012
(i) Indian Succession Act, 1925- Sections 372, 384(3)- Succession Certificate Grant of Validity Unchastity of a wife is certainly a ground for divorce but in the absence of decree of divorce, cannot be pressed into service to disinherit even an unchaste wife from claiming her rights as a widow.
(ii) Indian Succession Act, 1925 – Sections 373 Succession Certificate-Inquiry for grant of-Inquiry is summary in nature – Object -To facilitate collection of debts to deceased and prevent their being time- barred and afford protection to debtors by appointing representative of deceased and authorizing him to give valid discharge for debt-Grant of certificate to a person does not give him an absolute right in debt nor does it bar a regular suit for adjustment of claims of heir inter se-Respondents are free to pursue their remedy by filing regular civil suit.