Court No. - 38
Case :- WRIT - C No. - 38162 of 2018 Petitioner :- Mod. Shariq Respondent :- State Of U.P. And 5 Others Counsel for Petitioner :- Sanjeev Kumar Tiwari,Mohd. Javed Akhtar Counsel for Respondent :- C.S.C.
Hon'ble Abhinava Upadhya,J. Hon'ble Vivek Varma,J.
By means of this writ petition, the petitioner has come to this Court challenging the succession certificate issued by the Administrator General, U.P..
The petitioner claims that the succession certificate has been issued wrongly in favour of respondent No.4, Siraz Ahmad. The petitioner claims that the said succession certificate has been obtained by fraudulent means. The petitioner in fact is legal heir under the will of testator and he should have been issued succession certificate.
In case, there is any valid will in favour of the petitioner, he needs to get probate of the will by a court of competent jurisdiction to put forward his claim. In writ proceedings a succession certificate granted by the Administrator General cannot be challenged directly. If any fraudulent means has been applied, the petitioner can also file an application before the Administrator General for recalling the order or can obtain probate of the will from appropriate court.
The writ petition is misconceived and is dismissed.
Order Date :- 26.11.2018 VPC (Vivek Varma,J) (Abhinava Upadhya,J)