scope of en- quiry to be made by Court contemplated and its scope is confined entirely to question of right of applicant to certificate and not to decide upon title,

2002(3) Kar. L.J. 248

IN THE HIGH COURT OF KARNATAKA AT BANGALORE

Smt. NINGAMMA AND OTHERS

Verses

Smt. SAKAMMA AND OTHERS

SUCCESSION ACT, 1925, Section 373- Succession certifi Only summary enquiry is cate-Proceedings for grant of Nature and scope of en- quiry to be made by Court contemplated and its scope is confined entirely to question of right of applicant to certificate and not to decide upon title, reality and character of claim of applicant - Succession cer tificate is not final adjudication of question as to who is enti- dled to estate of deceased - Certificate merely clothes holder thereof with authority to realise debt of deceased and give valid discharge Proceedings are not intended to afford contesting parties opportunity to contest question of title to property-Where applicant has proved that she is duly wed ded wife of deceased employee and as such entitled to claim gratuity, family pension, etc., by virtue of nomination made by deceased, applicant is deemed to have made out prima facie case for grant of certificate to her, and certificate granted to her, held, is legally proper.