(4) Procedure on application - Sec.373
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If the District Judge is satisfied that there is ground for entertaining the
application he shall fix a day for the hearing thereof and cause noticed of the
application and of the day fixed for the hearing -
(a) to be served on any person to whom, in the opinion of the Judge, special
notice of the application should be given, and
(b) to be posed on some conspicuous part of the Court-house and published in
such other manner, if any, as the Judge, subject to any rules made by High
Court in this behalf, thinks fit, and upon the day fixed or as soon thereafter
as may be practicable, shall proceed to decide in a summary manner the right to
the certificate.
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When the Judge decides the right thereto to belong to the applicant, the Judge
shall made an order for the grant of the certificate to him.
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If the Judge cannot decide the right to the certificate without determining the
questions of law or fact which seem to be too intricate and difficult for
determination in a summary proceedings, he may nevertheless grant a certificate
to the applicant if he appears to be the person having prima
facie
the best title thereto.
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When there are more applicants than one for a certificate, and it appears to
the Judge that more than one such applicants are interested in the estate of
the deceased, the Judge may, in deciding to whom the certificate is to be
granted, have regard to the extent of interest and the fitness in other respect
of the applicants.
Simplified Version
(4) Procedure on application - Sec.373
1. If the district judge is satisfied that
there is grounds for the case to be admitted in court he will fix the date
for hearing and send a notice about the same to theapplicant of the day fixed
for the hearing -
(a) it can be served to any applicant that the judge feels right: and
(b) if ever such a case has come to the high court with the similar
circumstances the present case would be decided on the basis of the merits of
the previous case
2. the judge would decide the right to
the claim of the applicant, and if satisfied can grant him the succession
certificate.
3. If the judge is not sure that the
applicant is the right successor but on the face of it, applicant appears to be
a right successor, court may grant him certificate of succession.
4. when there are more than one person
applying for the succession certificate the judge may take in to
consideration while granting the certificate the extent of personal interest,
mental and physical fitness of the applicant.
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