1999 (1) TMI 414

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....etitioners and the counsel for the Official Liquidator. 2. The prayer in this application is for the issue of a direction to the Official Liquidator to issue a cheque for the amount of Rs. 8,136 sanctioned as dividend to one Unniyankutty on a claim made by one Viyyumma the first petitioner. The learned counsel for the Liquidator points out that this is a debt due to the deceased and unless a succ....

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....ficate has to be produced to establish representation. There has also to be a determination that this is a debt due to the deceased or to the estate of the deceased within the meaning of section 214 of the Indian Succession Act. The certificate given by the Tahsildar is at best a certificate to the effect that the claimants are the wife and children of the deceased. That cannot be a substitute for....

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....er is given to the Official Liquidator if he is satisfied about the capacity of the person making the application, to disburse the amount below Rs. 500 without insistence on production of a succession certificate with the permission of the Company Court. This also indicates that the proper course to adopt is to insist on the production of a succession certificate, or a certificate from the Adminis....