Ex-Parte Succession Certificate Set Aside – SC Protects Minor’s Rights, Allows Fresh Hearing

Deepesh Maheswari And Anr. Vs Renu Maheswari And Ors. (Supreme Court of India) The Supreme Court set aside the ex-parte succession certificate, holding that failure to implead and represent a minor legal heir vitiates the entire proceedings. In this case, a succession certificate was granted in favour of certain claimants without impleading a minor legal heir, whose existence was known. The minor later challenged the proceedings through an application under Order IX Rule 13 CPC, which was rejected by lower courts and the High Court. The Supreme Court held  that: A minor cannot be expected t...