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 to respond to public notice or initiate legal action independently,
- Failure to appoint a guardian and implead the minor amounts to denial of natural justice, and
- Such omission causes serious prejudice, rendering proceedings unsustainable.
Key observations:
- Service of notice is not sufficient when the affected party is a minor,
- Proceedings suffered from material defects and misstatements, including incorrect description of parties, and
- Remedy under Order IX Rule 13 CPC is wider and can be invoked even after appeal, if sufficient cause exists.
The Court further noted that:
- Succession proceedings under Section 372 of the Indian Succession Act must disclose correct legal heirs,
- Suppression or incorrect particulars can justify revocation under Section 383, and
- Rights of legal heirs cannot be defeated by procedural lapses.
Accordingly, the Supreme Court:
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