THE HON'BLE MR JUSTICE L.NARASIMHA REDDY Civil Miscellaneous Appeal No.898 of 2004 JUDGMENT: The appellant filed O.P.No.424 of 2002 in the Court of District Judge, Nellore under Section 372 of the Indian Succession Act. He prayed for issuance of a succession certificate in respect of the amounts and bonds mentioned in the schedule. According to the appellant, the deceased- Jaya Lakshmi was his sister and that she died intestate. The 1st respondent is the wife and respondents 2 and 3 are the children of another brother of the petitioner herein by name Parthasarathi. All of them remained ex parte. The trial Court dismissed the O.P. on the ground that the O.P. is silent as to the particulars of assets including the banks or institutions, in which they are available as well as the manner in which the said assets have been acquired. Heard the learned counsel for the appellant. Though the respondents are served with notice, they have not chosen to enter appearance. A succession certificate can be granted only in respect of specific items of movable properties, which are in the hands of the individual or institution. It cannot be in the form of a declaration, enabling the appellant to receive any assets. Unless the particulars of the agencies or institutions, with whom the assets are available, are furnished, an adjudication as to the entitlement to receive the same cannot be undertaken. The appellant did not mention the details of assets much less the agencies which whom they are present. Therefore, the view taken by the trial Court cannot be found fault with. Hence, the C.M.A. is dismissed. It is however made clear that in case any identifiable assets available with the specific agencies or individuals left by late Jaya Lakshmi are still available, it shall be open to the appellant to institute proceedings duly furnishing all the particulars. As and when such O.P. is filed, it shall be adjudicated on its own merits uninfluenced by any observations made in the present O.P. There shall be no order as to costs. _________ 13.10.2009 JSU THE HON'BLE MR JUSTICE L.NARASIMHA REDDY Civil Miscellaneous Appeal No.898 of 2004 Date: 13.10.2009 JSU