HON’BLE SRI JUSTICE K.C. BHANU WRIT PETITION NO.26233 OF 2011 ORDER: This writ petition is filed under Article 226 of the Constitution of India to declare the action of the respondent in demanding for Succession Certificate for registration of land admeasuring 110 sq.yards, situated at Amberpet, Hyderabad, as illegal, arbitrary and violation of Article 300-A of the Constitution of India and consequently direct the respondent to register the said land in favour of the petitioner basing on the documents furnished by him to the respondent on 23.5.2011. 2. Heard. 3. It is stated in the affidavit filed in support of the petition that the father of the petitioner late R. P. Narasimham purchased a plot admeasuring 110.00 sq. yards at Amberpet from the respondent Housing Board; that during his life time registration could not be effected as G.O., was not passed by the Government to that effect, though the entire amount was paid; father of petitioner died on 27.6.2006 intestate leaving behind him the petitioner, his elder brother and elder sister, mother of the petitioner predeceased his father; that orders were issued vide letter No.7036/HB-II(1)2002-16 dated 6.3.2010 for sale of land in favour of the legal heirs of his father and demanded them to furnish legal heir certificate; that in oral partition of properties left by his father, the said plot purchased by his father from the Housing Board fell to his share and to that effect his brother and sister had given affidavits on 14.2.2011 giving up their rights over the property; that when they made an application with the concerned Mandal Revenue Officer for issuance of legal heir certificate, the said MRO did not issue the same in view of Government circular dated 15.12.2006; that the petitioner filed a suit O.S.No.1848 of 2010 for declaring him as a legal heir of the said late R.P. Narasimham, but the same was dismissed; that the petitioner submitted all the papers to the respondent to register the land in question, but the respondent had issued a letter dated 21.5.2011 stating that the family members certificate was issued for the purpose of benefits under Government schemes only and not valid for any other purpose and directed him to produce succession certificate. Challenging the same, the present writ petition is filed. 4. The respondent filed a detailed counter affidavit denying the averments made in the petition and stated that in the Board meeting held on 25.5.1980, a resolution was passed for sale of 660.00 sq. yards of APHB land at Amberpet to 6 applicants (including Sri R.P. Narasimham) @ 110 sq. yards each at a cost of Rs.70/- per sq. yard subject to approval of HUDA had and Government; that HUDA given no objection for sale of Housing Board land to the above six persons by letter dated 12.10.1981; that meanwhile, one Sri Mohd Khaja encroached an extent of 239.00 sq. yards and filed a suit in O.S.No.2860 of 1983 before the VIII Assistant Judge, City Civil Court, Hyderabad, claiming that the land was allotted to him by way of patta by the RDO; that the APHB with the help of the local police has stopped the unauthorized construction attempted by him; that the said R.P. Narasimham, had filed a grievance petition dated 11.2.1991 requesting to sell the above land to him and he is prepared to deposit the above land cost with A.P. Housing Board, subject to outcome of the court case; that the matter was placed before the Board and the Board resolved to take a final decision only in accordance with the court orders and to accept the land cost already decided by the Board at the risk of the said R.P.Narasimham; that as per G.O.Ms.No.67, dated 8.9.2001, the petitioner has to file legal heir certificate of his father late R.P. Narasimham; that as the petitioner failed to produce the same, the registration could not be done. 5. The learned counsel for the petitioner contended that under Section 372 of the Indian Succession Act, no succession certificate will be given for the purpose of claiming right in the immovable property; that the respondent had issued a letter dated 21.5.2011 stating that the family members certificate is necessary for the purpose of claiming benefits under Government schemes; that now the stand taken by the respondent to produce the succession certificate is untenable and hence he prays to allow the writ petition. 6. On the other hand, the learned standing counsel for the respondent stated that by virtue of letter dated 1.4.2010, the respondent requested the petitioner to produce the death certificate and legal heir certificate of late Sri R.P. Narasimham, so as to enable them to take further action in the matter, but the petitioner failed to do so and hence the registration could not be done. 7. The factual matrix is not in dispute. Father of the petitioner R.P. Narasimham was allotted a plot admeasuring 110.00 sq. yards at Amberpet, at the rate of Rs.70/- per sq. yard long back by the respondent and he had paid the required amount including escalated charges, but the said property was not transferred in the name of the father of the petitioner R.P. Narasimham. While the matter stood thus the said R.P. Narasimham died intestate and then his legal representatives applied to the respondent to transfer the said land in their name on the ground that they are the legal heirs of the said R.P. Narasimham. For that, in the first instance, the respondent directed the petitioner to produce a family member certificate from a Tahsildar, but now by virtue of letter dated 1.4.2010 requested the petitioner to produce the death certificate and legal heir certificate relating the heirs of late Sri R.P. Narasimham, since the petitioner claiming a right, title and interest over the immovable property, he has necessarily to produce the Succession Certificate. 8. As per Section 372 of Indian Succession Act, 1925 (for short, the Act), an application for succession certificate shall be made to the District Judge as per the procedure prescribed. Under Section 373(2) of the Act, the Judge shall decide the right of applicant in granting succession certificate. Under Section 374 of the Act, provides: “When the District Judge grants a certificate, he shall therein specify the debts and securities setforth in the application for the certificate, and may thereby empower the person to whom the certificate is granted— (a) to receive interest or dividends on, or (b) to negotiate or transfer, or (c) both to receive interest or dividends on, and to negotiate or transfer, the securities or any of them.” 9. On this aspect it is pertinent to refer to a decision of this Court in Rajeena Venugopala Reddy vs. Sreekantha Reddy[1] held: (13) Neither part X nor any other provision of the Indian Succession Act specifies as to who are the persons who are entitled to apply for a succession certificate or what are the classes of property, with reference to which such a certificate could be granted. (14) In the absence of any exclusion of any particular religious denomination from the operation of provisions of Part X of the Act, the logical conclusion is that there is a right to seek a succession certificate, available irrespective of the religious denomination of the deceased person with reference to whose property, the succession is claimed. (15) Part X is also singularly silent about the nature of the succession with reference to which a certificate could be given i.e., whether the succession is testamentary or intestate. So, it follows that either in the case of testamentary succession or intestate succession, a succession certificate could be applied for subject to the other restrictions or limitations imposed in various parts of the Act. (16) Eventually, the subject-matter of succession is only property of a deceased person and it is a succession to the property of the deceased that is the subject-matter of the Act. Property known to law is of various kinds moveable, immoveable, etc.” Therefore, necessarily, the petitioner has to apply to the competent authority to get the succession certificate so as to declare his rights and the respondent has to consider the same in accordance with law. 10. Accordingly, the Writ Petition is disposed of directing the petitioner to apply to the competent civil court to obtain the succession certificate declaring that he is the legal representative of the deceased R.P. Narasimham, in respect of the land admeasuring 110 sq.yards at Amberpet. No order as to costs. _______________ K.C.BHANU,J. 08.11.2011, Gk. HON’BLE SRI JUSTICE K.C. BHANU WRIT PETITION NO.26233 OF 2011 Date:08.11.2011 Gk. [1] 2004 ALD (5) 200