1 S.B. Civil Misc. Appeal No.375/2006 Deep Chand & Ors. vs. Kanhaiya Lal @ Kishan Singh Kachi & Ors. S.B. Civil Misc. Appeal No.375/2006 Deep Chand & Ors. vs. Kanhaiya Lal @ Kishan Singh Kachi & Ors. Date : 19.9.2008 HON'BLE MR. PRAKASH TATIA, J. Mr.RK Singhal, for the appellants. Mr.RS Gill ) for the respondents. Mr.Ravi Bhansali ) - - - - - Heard learned counsel for the parties. The appellants are aggrieved against the judgment dated 14.10.2005 passed by Additional District Judge No.2, Chittorgarh by which in a proceeding for grant of succession certificate, the lower court after reaching to the conclusion that the applicant Kanhaiya Lal as well as rival claimant are not entitled to the succession certificate for the assets of deceased Bakhatawar Singh, declared that the entire properties of deceased Bakhatawar Singh will go to State. According to learned counsel for the appellants, the said observation and order of the Civil Court is 2 S.B. Civil Misc. Appeal No.375/2006 Deep Chand & Ors. vs. Kanhaiya Lal @ Kishan Singh Kachi & Ors. wholly without jurisdiction. In a case where nobody is entitled to succession certificate in the proceedings for grant of succession certificate, the Court can reject the prayer of the claimants but so far as how the property of the deceased will be dealt with, if there is no successor of deceased, is provided under the provisions of Escheat Act and by following the process under the Escheat Act, the State can get the property. Here in this case, admittedly there are other successors of the deceased Bakhatawar Singh if not of the Class-I, then at least Class-II heirs are available. The Court below committed serious error of law by ignoring this legal aspect. Learned counsel for the respondents has also supported the contention of learned counsel for the appellants. I considered the submissions of learned counsel for the parties and perused the reasons given in the impugned order. In a proceeding for grant of succession certificate under the Indian Succession Act, the issue 3 S.B. Civil Misc. Appeal No.375/2006 Deep Chand & Ors. vs. Kanhaiya Lal @ Kishan Singh Kachi & Ors. is very narrow. The claimants can put forward their claim for the property and in failing to prove their claim, the claim petition can be rejected and succession certificate can be denied and so far as the other claimants who may not have appeared to contest the proceedings for succession certificate and who are in possession of the property and if the State want to have the property from them, then the State is required to take lawful process by initiating proceedings under the Escheat Act. There was no occasion for the Court below to observe that the property will go to the State and there was no reason for the Court below to refer the matter to District Collector, Chittorgarh. In view of the above reasons, this appeal is allowed and the observations about the State right over the property and sending the matter to the District Collector, Chittorgarh are set aside. (PRAKASH TATIA), J. S.Phophaliya