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Revocation of certificate - Sec.383

Legal Version/Simplified Version

(13) Revocation of certificate - Sec.383

A certificate granted under this Part may be revoked for any of the following causes, namely :-

  1. that the proceedings to obtain the certificate were defective in substance:
  2. that the certificate was obtained fraudulently by the making of a thing, suggestion, or by the concealment from the Court of something material to the case ;
  3. that the certificate was obtained by means of an nature allegation of a fact essential in point of law to justify the grant thereof, though such allegation was made in ignorance or inadvertently ;
  4. that the certificate has become useless and inoperative through circumstances ;
  5. that a decree or order made by a competent Court in suit or other proceeding with respect to effects comprising debts or securities specified in the certificate renders it proper that the certificate should be revoked.

Simplified Version

(13) Revocation of certificate - Sec.383

A succession certificate once granted can be cancelled in the court of the law because of the following causes:

  1. reasons given in the application were found to be wrong.
  2. succession certificate was obtained with fraud and by deliberately concealing something important from the court relating to the case.
  3. succession certificate was obtained giving false information to the court even if it was done in ignorance.
  4. succession certificate is no longer operational due to change in circumstances.
  5. when the court orders the cancellation of the certificate due to non settlement of pending debts and securities attached with the property, which is responsibility of the successor, failing which the succession certificate can be revoked if the court deems fit.

 

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