Succession Certificate -- Minor as Legal Heir
Where a minor who is a legal heir is not made a party to the proceedings, and no steps are taken to appoint a lawful guardian on his behalf, the minor cannot be expected to appear or raise objections upon publication of a public notice, being legally incapacitated to do so -- However, upon attaining majority, such a person acquires the legal capacity to challenge those proceedings -- Accordingly, the ex parte order granting the succession certificate was quashed and set aside-- -- CPC, 1908, O.9 R.13 -- Succession Act, 1925, Ss. 372, 373
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