Section 384 of ISA : Section 384: Appeal

Explanation using Example

Imagine a woman named Priya whose father recently passed away. The father left behind some property and bank accounts. Priya applies to the District Judge for a succession certificate to access her father's assets. However, the District Judge refuses her application on the grounds that the documentation provided was insufficient to establish her claim.

Priya believes that the refusal was unjust and decides to appeal the decision. According to Section 384 of the Indian Succession Act, 1925, Priya has the right to appeal to the High Court against the District Judge's decision. She files her appeal within the time frame allowed under the Code of Civil Procedure, which is also applicable to such appeals as per Section 384(2) of the Act.

The High Court reviews the case and determines that Priya had indeed provided adequate documentation to support her claim. The court then uses its authority under Section 384(1) to direct the District Judge to grant the succession certificate to Priya, superseding the initial refusal. This example shows how Section 384 provides a legal remedy for individuals who are dissatisfied with the decisions of a District Judge regarding the issuance of succession certificates.