IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.9228 of 2011 Saket Bihari Sharma Versus Sanjay Kumar Dixit & Ors ----------- 02. 27.06.2011 Heard the learned senior counsel, Mr. S.S. Dwivedi on behalf of the petitioner. This writ application has been filed by the petitioner-petitioner against the order dated 11.03.2011 passed by Additional District Judge III, Patna in Succession Case No.138 of 2008 whereby the application filed by the petitioner to delete the line “and the applicant undertakes to distribute the equal shares to other legal heirs as per provision of section 375 of Indian Succession Act 1925” has been rejected. It appears that the petitioner has filed the Succession case for issuance of Succession Certificate in his favour and the other legal representatives of the deceased have been named in the Succession application. From perusal of the impugned order, it appears that the learned Court below itself has observed that the undertaking as referred to above in the Succession application is left open to be decided in an appropriate proceeding. Therefore, the question has not been decided as to whether the petitioner is bound by the undertaking given by him in the Succession application. It is well settled principles of law that in Succession 2 cases, the Court is required to only decide in whose favour the Succession Certificate is to be issued. Certificate can be issued in favour of a person who is not at all an heir and the legal heirs are entitled to have their legitimate share in the movable property for which the Certificate has been granted. In such view of the matter, even if the Certificate is granted in favour of the petitioner, he is liable to distribute the same according to the legal share to the persons who are entitled to receive such share. Whether he undertakes or not is not relevant. In view of the above well settled principles of law, I do not find any reason to interfere with the impugned order. Accordingly, this writ application is disposed of. Saurabh (Mungeshwar Sahoo,J.)