By Dr. K. Shivaram, Senior Advocate
Rahul K. Hakani | Shashi Bekal | Advocates
38. M Baburaj vs. State of Kerala
AIR 2022 Kerala 148
Date of order: 15th July, 2022
Bench: A. Badharudeen J.
Succession certificate – not mandatory – for claim of award under land acquisition cases [S.214(1)(b), Succession Act, 1925; S.31, Land Acquisition, 1894]
FACTS
In a land acquisition case, the Hon’ble Supreme Court granted enhanced compensation. The Respondent deposited the same in court after the death of the claimant. The claimant was succeeded by her son, who is the Petitioner. The Sub Court insisted that the Petitioner produce a copy of the succession certificate. The Petitioner preferred a Writ Petition against this insistence.
HELD
The law emerges is that production of succession certificate is mandatory as per Section 214(1)(b) of the Succession Act when the decree-holder dies in cases where the decree amount comes under the category ‘debts’ or ‘securities’. The compensation arising out of motor accidents or from land acquisition proceedings or cases involving grants of compensation under the Electricity Act, etc., would not come under the purview of `debts’ or `securities’. Therefore, in such cases, the production of a succession certificate is not mandatory. Therefore, the surviving decree holder can execute the decree on his own behalf and on behalf of the legal representative of the deceased decree holder and i
