Debts and Securities of Vs
Case brief
What is this about?
The Madras High Court granted a succession certificate to the sons of deceased intestates, Prakash Chandra Bothra and Pradeep Kumar Bothra. The court found them entitled to the estate and issued the certificate to collect debts and securities worth over Rs. 8 crore.
What did the court decide?
Succession certificate granted to the petitioners with power to collect debts and receive interest as specified in the schedules.
What the court decided
1
IN THE HIGH COURT OF JUDICATURE AT MADRAS
(TESTAMENTARY AND INTESTATE JURISDICTION)
MONDAY, THE 17TH DAY OF JULY 2017
THE HON'BLE MR.JUSTICE C.V.KARTHIKEYAN
O.P.No.178 of 2017
In the matter of Indian Succession Act XXXIX of 1925. And
In the matter of Debts and Securities of the Amarchand Bothra and Kamala Devi Bothra – deceased intestate.
1.Prakash Chandra Bothra, S/o.Late Amarchand Bothra, No.1/4, Kothari Road, 2nd Floor, Kleem Villa, Nungambakkam, Chennai-600 034.
2.Pradeep Kumar Bothra, S/o.Late.Amarchand Bothra, No.66, Old No.80, Mahatma Gandhi Road, Flat No.4-B, Poonam Apartment, Nungambakkam, Chennai-600 034.
...Petitioners
Original Petition praying that this Hon'ble Court be pleased to that a Succession Certificate may be granted to the petitioners with power to collect the debts and Securities and to receive interest and dividends on and negotiate and transfer the Securities specified in the schedule hereunder pass such further or other orders as this Hon'ble Court may deem fit and proper in the circumstances of the case.
Issues for consideration
3 issues framed by the court
Whether a succession certificate should be granted to the petitioners to collect debts and securities of the deceased intestates.
Whether the petitioners, as class-I legal heirs, are entitled to the succession certificate after demonstrating due diligence to locate any wills.
Whether the documents filed establish the succession of the petitioners to the estate of the deceased.
Parties & counsel
- petitioner
Prakash Chandra Bothra
- petitioner
Pradeep Kumar Bothra
Coram
C.V. Karthikeyan
Case details
As recorded by the court registry
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