Holding

A succession certificate does not vest title in its holder and the holder must deliver the property to the rightful heir; the deceased’s wife was a necessary party whose heirs should have been impleaded, and the High Court’s order is not subject to interference under Article 136.

Summary

The appellant sought the return of articles seized by a hospital after the death of his brother, but the hospital required a succession certificate. A succession certificate was issued in the appellant's favour, yet the hospital did not return the articles. The appellant filed a suit, which was decreed ex parte, and after a six‑year delay an execution petition was filed. The State appealed, seeking condonation of a 2,487‑day delay in filing the appeal; the High Court allowed the delay, set aside the decree and remitted the matter to the trial court. The Supreme Court held that a succession certificate confers only a limited right and does not vest title, that the deceased’s wife was a necessary party whose heirs should have been impleaded, and that despite the enormous delay the High Court’s order should not be interfered with under Article 136. The appeal was dismissed, with the State ordered to pay costs to the appellant and the adopted son of the deceased directed to be impleaded.

Issues considered

Whether a succession certificate confers ownership of the property in question.
Whether the deceased’s wife, and subsequently her heirs, were necessary parties to the succession certificate proceedings.
Whether the 2,487‑day delay in filing the appeal can be condoned.
Whether the High Court’s order granting condonation of delay and remanding the case is amenable to interference under Article 136 of the Constitution.

Legislation cited

Code of Civil Procedure, 1908s. 80(2)

Subjects

succession certificatetitle of propertynecessary partycondonation of delayArticle 136discretionary jurisdictionex parte decreehospital articles

Judgment

[2008] 7 S.C.R. 852

A C.K. PRAHALADA & ORS.
v.
STATE OF KARNATAKA & ORS.
(Civil Appeal No. 3325 of 2008)

MAY 6, 2008
B
[S.B. SINHA AND LOKESHWAR SINGH PANTA, JJ.]

Constitution of India, 1950 - Article 136 - Discretionary
iurisdiction - Exercise of - Succession Certificate in favour of
c appellant's father on death of his brother - Suit by appellant's
father seeking direction to hospital Authorities to hand over
the articles removed from the body of the brother to them -
Decreed exparte - Execution petition after 6 years - Appeal
by State - Also application for condonation of delay of 2487
days - Application as also appeal allowed by High Court and
D matter remitted to trial court - On appeal, held: Succession
certificate is granted for limited purpose - By obtaining it,
person does not become owner of the property - High Court
rightly held that wife of deceased was a necessary party - On
her death during pendency of proceedings for grant of
E succession certificate, her heirs and legal representatives
should have been impleaded as parties - More so, delay in
filing appeal would not have been condoned - However, High
Court allowed the first appeal - Hence, order of High Court
should not be interfered with - Adopted son of deceased to
F be impleaded as party in suit.
Appellant's uncle was admitted to the hospital.
.,... .
Appellant's father removed all articles from his brother's
body. Appellant's uncle expired. The hospital
Superintendent insisted the appellant's father to deliver
G the articles kept by him so as to deliver the same to the
persons entitled therefor, before handing over the dead
body to them. The articles were handed over to the
hospital authorities. Thereafter, appellant's father sought
the articles from the authorities. However, the hospital
H 852
C.K. PRAHALADA & ORS. v. STATE OF KARNATAKA 853
& ORS.
\ ~
authorities asked the appellant's father to obtain a A
succession certificate for return of the articles. Appellant's
father applied for the certificate. G-wife of deceased was
impleaded as a party. G expired during pendency of
proceedings, leaving behind S-her adopted son.
Appellant's father was granted Succession Certificate. B
i ·-'- Howe"'.er, on the production of the ::;ame, hospital
authorities did not return the articles. Appellant's father
filed a suit seeking direction to the hospital authorities to
hand over the articles to appellants. An application u/s
80(2) CPC was filed and the same was allowed. Suit was
decreed ex parle. Six years later execution case was filed. c
On receipts of summons, the State filed appeal. It also filed
application for condonation of delay and the same was
allowed. High Court held that the decree passed by the
trial court was not sustainable and remitted the matter to
the trial court. Hence the present appeal. D
' f "
Dismissing the appeal, the Court
HELD: 1.1 A succession certificate is granted for a
limited purpose. A Court granting a succession certificate
does not decide the question of title. A nominee or holder E
of succession certificate has a duty to hand over the
property to the person who has a legal title thereto. By
obtaining a succession certificate alone, a person does
not become the owner of the property. [Para 10] [858-D-E]
Vidhyadhbari and Ors. vs. Sukhrana Bai and Ors. 2008 F
:f ~ (2) sec 238 - referred to.
1.2 Th!~ r.-:- 11 rt would not exercise its extraordinary
jurisdiction only because it is lawful to do so. This Court
has the power to pass necessary orders for doing
complete justice to the parties. The High Court rightly held G
that G was a necessary party. As she expired during the
pendency of the proceedings, her heirs and legal
representatives should have been impleaded as parties
in the said proceedings. The decree might have been
passed ex parte but when the same has been brought to H
854 SUPREME COURT REPORTS [2008] 7 S.C.R.

A the notice of this Court, in exercise of discretionary
~ '
jurisdiction under Article 136 of the Constitution of India,
it should not be interfered. [Para 1O] [858-A-C]
Mis. Tanna & Modi v. C. I. T Mumbai XXV and Ors. 2007
(8) SCALE 511 - relied on.
B
~.
1.3 There was enormous delay. in filing the appeal.
Ordinarily, this Court would not have condoned the said
delay in filing the appeal but in the instant case, the First
Appeal filed by the State has also been allowed by the
~c
High Court. Keeping in view the nature of the order passed
by the High Court, it is not a fit case where the judgment
of the High Court dated 24.10.2005 should be interfered
with which will have the effect of setting aside its order
dated 1.12.2005 also. However, the State must pay a sum
of Rs.10,000/- by way of costs to the appellant. It is further
D
directed that B should be impleaded as a party in the suit. ~- ~ .
The appellant would be open to pray for such other relief
or reliefs in the suit. [Para 12] [859-B-E]
!*
•/"

CIVIL APPELLATE JURISDICTION : Civil Appeal No.
E 3325 of 2008. •
,.

From the Judgment Mtd Order dated 1.12.2005 of the High
Court of Karanataka at 83'\-galore in RFA No. 1283/2004 (RES)
Kiran Suri, Aparna Bhat and S.J. Amith for the Appellants.
..
F Sanjay R. Hegde for t?ie Respondents. ~ .
The Judgment of the Court was delivered by
S.B. SINHA, J. 1. LeAve granted.
~

G 2. This appeal is ~irected against the orders dated
24.10.2005 and dated 1.12.2005 passed by the High Court of
Kanataka at Bangalore whereby and whereunder delay of 2487
days in filing the appeal has been condoned and the said appeal ~

has been allowed.
H 3. The basic fact of the matter is not in dispute.
C.K. PRAHALADA & ORS. v. STATE OF KARNATAKA 855
& ORS. [S.B. SINHA, J.]

The brother of Madwaramanachar, father of the appellant, A
was admitted to S.D.S. TB Hospital at Bangalore. All the articles
from the body of his brother were removed by the father of the
appellant. After his death, the father of the appellant requested
the hospital authorities to hand over the obsquecies seized
wherefor a written request was made on 9.6.1981. B
The Superintendent of the said hospital passed an order
that the articles kept by the father of the appellants must be
delivered back to the hospital authorities for being kept in a
safe custody so as to enable them to deliver the same to the
persons entitled therefor. Delivery of the artiqJ.es was insisted C
before handing over the dead body. The said articles were
handed over to the hospital authorities wherefor an
acknowledgment was issued.
4. An application· for grant of succession certificate was
filed by the father of the appellants on 24.8.1981. In the said D
proceedings, one Gowramma, wife of the deceased, was
impleaded as a party. She expired during the pendency of the
said proceedings. She, allegedly left behind one S.
Basavarajappa, who is said to be her adopted son. By an order
dated 5. 7 .1991, succession certificate was granted in favour of E
the appellant in respect of the following :
1. Amount in Vijay Bank Togarsi
S.B. Account No.309 with interest Rs.5-00

2. Amount in Syndicate Bank, F
Shimoga S.B. Account No.27717
Ledger Folio No.30 with interest Rs.318-65

3. Amount in Syndicate Bank,
Shimoga Koppa, S.B. Account
No. 7/89 folio 4289/17 with interest Rs.19379-59 G

Gold Articles belonging to deceased in deposit in the
Hospital at Bangalore.
Gram Mgs
One Sudarshan ring ... 11 700 H
856 SUPREME COURT RE:.POR I ::i [2UObj f ~ L.R

r;
A One Ring with red Stones v JUu
One Finb sing shigd stones 6 600
One Bar 46 80L

u lOu UL
5. Despite producuo11 uf the said SUL;l.ess1ur 1 ceitifll.ate
trre hospital authorities did not return the said articles and ~ ~
documents to the appellant's father, whe1 eupon a suit in the court
of Additional City Civil Judge, Bangalore seeking a direction to
c the hoapltal authorities-defendants to hand over the articles to
the appellants or in alternative pay the value thereof which was
asseHed at Ra.45,000/- was filed
6. No notice under Section 80 of the Code of Civil
Procedure, however, was served upon the State. An application
lJ under sub-section (2) of Section 80 of the Code was filed which
Is said to have been allowed.
Before the learned Trial Judge, no written statement was -.. •
filed by the State. It was decreed ex pa rte on decree was passed
on 31.10.1997.
E
7 . An execution case was fileJ i11 tlie yea1 2003 f01
i=xecution of the said decree. Upon receipt of the surnr nons f1 urn
the executing court, a first appeal was preferred by the State of
Karnataka. As Indicated hereinbefore, the same was barred by
I- 2487 days.
An application for condonation of delay was tlled 111 the
said appeal being IA No.1 of 2005 which, by reason of a judgment
dated 24.10.2005 was allowed. The High Court by reason of its
judgment dated 1.12.2005 pointed out various deficiencies in
G the said decree and opined that the judgment and decree
passed by the learned Trial Judge was not sustainable in law,
stating :
(I) No urgency was shown for filing the suit in terms of
sub-section (2) of Section 80 of the Code of Civil
H Procedure;
CK PRAHAI /IDA & ORS v STATE OF KARNATAKA 857
& ORS [S B SINHA, J.]

(ii) Smt. Gowramma was a necessary party in the suit; A
and
(iii) The value of the articles was not mentioned in the
succession certificate. There was nothing to show
that the plaintiff was the only heir of the deceased.
B
ft was directed :
"The appeal is allowed an the impugned judgment and
decree dated 31.10.1997 made in O.S. No.3830/1994
on the file of II Additional City Civil Judge at Bangalore
City, is set aside and the matter is remitted back to the C
Trial Court, with a direction to the parties to appear before
the Trial Court for further proceedings on 23. 12.2005,
without notice. Further, the Trial Court is directed to afford
an opportunity to the defendants to file the written
statement within 30 days from 23.12.205 and dispose of D
the suit in al",r,ordanl",e with law."
8. Ms. Kiran Suri, learned counsel appearing on behalf of
the appellant, would submit that the High Court committed a
serious error in condoing the delay of 2487 days in preferring E
the appeal by the State. It was furthermore urged that the
appellant has failed to prove any cause far less any sufficient
cause therefor. The learned counsel contended that the High
Court should not have remitted the matter back to the trial court
keeping in view the fact that the short question which arose for
its consideration was as to whether the hospital authorities F
having asked the appellants' father to obtain a succession
certificate was bound to return the articles to him him on
production thereof
9. Mr. Hegde, learned counsel appearing on behalf of the r;
respondents, however, supported the impugned judgment.
10. One Gowramma, as noticed hereinbefore, was
1mpleaded as a party in the proceedings for grant of succession
certificate. She claimed herself to be the w'lfe of the deceased.
Appellant knew that the hospital authorities had handed over H
858 SUPREME COURT REPORTS [2008] 7 S.C.R.
)I..
·~
A the documents and goods to her. She was, therefore, a
necessary party. As .she expired during the pendency of the
proceedings, her heirs and legal representatives should have
been impleaded as parties in the said proceedings.

The decree might have been passed ex parte but when
B the same has been brought to the notice of this Court, in our
• ~
opinion, in exercise of our discretionary jurisdiction under Article
136 of the Constitution of India, we should not interfere therein.

It is now a well settled principle of law that this Court would
c not exercise its extraordinary jurisdiction only because it is lawful
to do so. (See Mis. Tanna & Modi v. C.I. T Mumbai XXV &
Ors. [2007 (8) SCALE 511] This Court has the power to pass
necessary orders for doing complete justice to the parties. The
High Court, in our opinion, has rightly held that in the
D
aforementioned situation, Gowramma was a necessary party.
A succession certificate is granted for a limited purpose.
~ .
A Court granting a succession certificate does not decide the
question of title. A nominee or holder of succession certificate
has a duty to hand over the property to the person who has a
E legal title thereto.
By obtaining a succession certificate alone, a person does
not become the owner of the property.
11. In Vidhyadhari & Ors. v. Sukhrana Bai & Ors. [(2008)
F 2 SCC 238], this Court held :
"14. Therefore, though we agree with the High Court that
Sukhrana Bai was the only legitimate wife yet, we would
choose to grant the certificate in favour of Vidhyad~· '.,
who was his nominee and the mother of his four children.
G However, we must balance the equities as Sukhrana Bai
is also one of the legal heirs and besides the four children
she would have the equal share in Sheetaldeen's estate
+-
.
which would be 1/51h. To balance the equities, we would,
therefore, choose to grant succession certificate to
H Vidhyadhari but with a rider that she would protect the
C.K. PRAHALADA & ORS. v. STATE OF KARNATAKA 859
& ORS. [S.B. SINHA, J.]
,.. _..
1/51h share of Sukhrana Bai in Sheetaldeen's properties A
and would hand over the same to her. As the nominee
she would hold the 1;5th share of Sukhrana Bai in trust
and would be responsible to pay the same to Sukhrana
Bai. We direct that for this purpose she would give a
security in the trial court to the satisfaction of the trial court." B
...
,
(Emphasis added)

12. It may be true that there was enormous delay in filing
the appeal. Grdinarily, this Court would not have condoned the
said delay in filing the appeal but in this case, the First Appeal c
filed by the State has also been allowed by the High Court.

Keeping in view the nature of the order passed by the High
Court, we are of the opinion that it is not a fit case where we
should interfere with the judgment of the High Court dated
24.10.2005 which will have the effect of setting aside its order D
~ er dated 1.12.2005 also. We, however, are of the opinion that the
State must pay a sum of Rs.10,000/- by way of costs to the
appellant. We further direct that Basavarajappa should be
impleaded as a party in the suit. It will also be open to the
appellant to pray for such other relief or reliefs in the suit as she E
may be advised in the matter.
13. The appeal is dismissed with the aforementioned
.
directions. In the facts and circumstances of the case, however,
there shall be no order as to costs.
F

~ - N.J. Appeal dismissed.