Supreme Court Quashes Succession Certificate, Calls Expecting Minor to Respond to Public Notice "Perverse"

The Supreme Court recently set aside an ex-parte succession certificate, ruling that expecting a minor to respond to a public notice is "wholly erroneous and perverse."

A Bench of Justices Sanjay Karol and AG Masih observed that a minor cannot be expected to take legal steps upon publication and must be properly represented through a guardian in proceedings affecting their rights.

The Court faulted the Madhya Pradesh High Court for suggesting a minor heir should have joined proceedings following a general notice.

The Court held that failing to implead a known minor heir violates legal principles, restoring the case for fresh consideration.

[Deepesh Maheswari & Anr. v. Renu Maheswari & Ors.]