Alternate Place Of Jurisdiction U/S 371 Indian Succession Act Can Be Invoked Only If Deceased Had No Fixed Place Of Residence: Gujarat High Court

The Gujarat High Court has made it clear that even though Section 371 of the Indian Succession Act stipulates two modes of determining territorial jurisdiction of courts for grant of succession certificate, the second mode is only an alternative which can be invoked if the petitioner demonstrates that the deceased had no permanent place of residence.Section 371 prescribes that District. The Gujarat High Court has made it clear that even though Section 371 of the Indian Succession Act stipulates two modes of determining territorial jurisdiction of courts for grant of succession certificate, the second mode is only an alternative which can be invoked if the petitioner demonstrates that the deceased had no permanent place of residence. In the facts and circumstances of the instant case where the two deceased passed away in the USA and at Mumbai respectively, the Court observed, “.the petitioner relied upon second part of section 371 of Act to bring the petition within territorial jurisdiction of District Court, Vadodara by stating that some of the movable property is situated within local jurisdiction of District Court, Vadodara. Unless first part of section 371 of the Act is exhausted, the petitioner cannot straightway come before the Court below at Vadodara seeking relief of grant of succession certificate.” “In order to invoke second part of section 371 of the Act to bring the petition within the territorial jurisdiction of Court below, the petitioner was required to fulfill criteria of “deceased had no fixed place of residence.” In present case, the petitioner has failed to demonstrate said criteria,” Justice Doshi added.