Tuesday, 4 September 2018

Section 371 of the Succession Act 1925 determines the jurisdiction

When a person dies his/her succession opens up. The legal heirs of the deceased can claim their rights over the legacy of deceased only once they are declared as successors or legal heirs through the court.

In such circumstances the legal heirs have to file a suit in the court of senior civil judge. According to section 371 of the Succession Act 1925 the jurisdiction in succession matter is of the court where property is situated at the time of death of person.

However another aspect the same provision of law is that if part of the property is situated in a district then the jurisdiction lies there also.

The point is that the case of succession can be filed at any destination where property of part of property of deceased exists. That means all the property situated in different jurisdictions can be distributed through a single case filed at any place where one or more of the properties are located.

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Salman Yousaf Khan
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