Supreme Court – Succession Certificate obtained behind the back of a known minor legal heir is vitiated

Being a minor, at the time of filing succession certificate petition, the appellant no.1 was legally incapacitated to appear, represent and safeguard his rights.

Section 372 – Succession Certificate was issued when appellant no.1 was minor – Application to set-aside after attaining majority – Order IX Rule XIII CPC –

The appellant no.1 was minor, aged 12 years, at the time of when the respondents applied for succession certificate.  The public notice did not specify that the succession proceedings were initiated on account of the death of late Omprakash Maheshwari.  Being a minor at the relevant time, the appellant no.1 was legally incapacitated from taking steps to implead as a party and raise objections.  Moreover, the respondents were fully aware of the appellant no.1 as one of the legal heirs.  Despite such knowledge, no steps were taken to ensure the appointment of a lawful guardian to represent the minor in the succession proceedings.  Minor was not impleaded as a party in the succession proceedings and denied an opportunity of being heard.

Additionally there are material discrepancies and serious mis-statement in the particulars furnished in the original application. These inaccuracies further vitiate the proceedings.

It is only upon attaining majority, the appellant no.1 acquired legal capacity to challenge the certificate and filed application to set-aside ex parte order.

Where an application is defective or material facts have been suppressed or misstated, the certificate issued pursuant thereto is liable to be revoked under Section 383 of the Act.

Order dated 1.4.2026 of the Supreme Court in SLP (Civil) No.11006 of 2021 of Deepesh Maheswari and another   Vs.  Renu Maheswari and others