Succession certificate limits exclude pledged gold ornaments held as bank security under the Indian Succession Act.

A succession certificate under the Indian Succession Act, 1925 is governed by Part X and is not confined by the deceased's religion, but it applies only to debts and securities within Sections 372 and 374. The restriction in Section 370, read with Section 214, shows the certificate is meant to enable recovery of amounts due to the deceased, not to cover property held by the deceased as security. Pledged gold ornaments with banks are movable property given as security and are neither debts nor securities due to the deceased. On that reasoning, a succession certificate cannot be issued in respect of such pledged ornaments.

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Issues: Whether a succession certificate under the Indian Succession Act, 1925 could be granted in respect of gold ornaments pledged with banks by the deceased.

Analysis: Part X of the Indian Succession Act, 1925 governs succession certificates and is not limited by the religion of the deceased. A succession certificate is to be read with Sections 372 and 374, which contemplate debts and securities set out in the application, and the restriction under Section 370 read with Section 214 shows that the certificate is intended to facilitate recovery of debts or securities due to the deceased. Pledged gold ornaments are movable property given as security by the deceased and are neither debts nor securities due to the deceased within the meaning of those provisions. Therefore, a succession certificate cannot be issued for such pledged ornaments.

Conclusion: The grant of succession certificate was unsustainable and the appeal succeeded.

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