Ramchariter Sahu vs Ram Narain Sahu

Chapman, J.—This is an appeal against an order granting a succession certificate. The appellant is Ramchariter Sahu, his brother was one Ramdhari. Ramdhari died leaving a son Bhagwat. It is the debt due to Ramdhari''s son Bhagwat (who is dead) which formed the subject of the certificate. The order was made ex parte, the appellant not having appeared at the hearing. There was evidence that the brothers Ramchariter and Ramdhari had separated. This evidence is also supported by the judicial proceedings which admittedly took place. That being so, it is difficult to say that the appellant has any locus standi to prosecute this appeal. The family being separate the infant son Bhagwat was succeeded by his mother and until the death of his mother Ramchariter has no interest in the estate.

The point taken in appeal is that the succession certificate should not have been granted in this case. It appears that after the death of Bhagwat his mother who succeeded him assigned her rights and the various debts including this one to Ram Narain Sahu, to whom the succession certificate has been granted. It has been argued that a succession certificate cannot be granted to the assignee of the representative of a deceased person. I see no reason why a succession certificate should not have been granted to the assignee. The appeal is dismissed with costs.

Roe, J.

I agree.