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Benefits from deceased property could solely be enjoyed by one member.
Benefits from deceased property could solely be enjoyed by one member.
The debts or securities of deceased person is passed to its legal heirs if, he/she died intestate as stated in Indian Succession Act. But, here in case of Sh. Ashok kumar, he was only member from legal class 1 heirs is entitled to his father's debts & securities. Since, there was no objection raised by other family member or general public for issuance of succession certificate in favour of petitioner even after, it was published in newspaper.-500230
1. Sh. Ashok Kumar is the petitioner in this case. He claimed for the sole benifits of debts and securities of his deseased father's property.
2. It was stated that if, the person died intestate i.e without making will to divide his property among his loved ones then, division of his property took place as per the class of legal heirs as mentioned in the Indian Succession Act.
3. Notice of the present succession petition was issued to the general public by way of newspaper and to the S.D.M concerned with directions to file status report of the legal heirs of the deceased.
4. HELD- The debts and securities were transefered in favour of petitioner.
5. Since, no objection was raised by legal heir or the general public even after, it was published in newspaper for issuance of certificate in favour of petitioner.
Case Reference - Sh. Ashok Kumar Vs. The State
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