Allowed

Certain Securities of Vs

Madras HC28 Apr 2018OP/888/2017

Case brief

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What is this about?

The Madras High Court granted a succession certificate to the petitioners, the wife and daughter of a deceased person, enabling them to collect securities, debts, interest, and dividends. The court relied on the death certificate, legal heirship certificate, and share details filed by the petitioners.

What did the court decide?

Grant of succession certificate to the petitioners with power to collect debts, securities, interest, dividends, and negotiate and transfer securities specified in the schedule.

Certain Securities of Vs — Succession and Inheritance | Madras HC (2018)

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IN THE HIGH COURT OF JUDICATURE AT MADRAS

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(Testamentary and Intestate Jurisdiction)

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SATURDAY, THE 28TH DAY OF APRIL 2018

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THE HON'BLE MR.JUSTICE N.SATHISH KUMAR

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O.P.No.888 of 2017

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In the matter of Indian Succession Act XXXIX of 1925 and in the matter of certain securities in respect of P.Venkatraman deceased intestate.

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1.Mrs.V.Sridevi,

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W/o Late P.Venkatraman

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F-5, Navin Kailash Apartments,

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No.85, South Sivan Koil Street, Vadapalani, Chennai 600 026

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2.V.Pooja Mahalakshmi,

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D/o Late P.Venkatraman

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F-5, Navin Kailash Apartments,

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No.85, South Sivan Koil Street,

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Vadapalani, Chennai 600 026 ..Petitioners

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Original Petition praying that this Hon'ble Court may be

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pleased to that succession certificate may be granted to the petitioners with power to collect the securities and to receive the interest and dividends there on and negotiate and transfer the securities the specified in schedule hereto.

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This Original Petition coming on this day before this court for hearing the court made the following order:

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This Petition has been filed under Section 372 of the Indian Succession Act read with Order XXV Rule 6 of the Madras High Court Original Side Rules, to grant succession certificate in favour of the petitioners.

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Heard the learned counsel for the petitioners.

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It is the case of the petitioners that the first petitioner is the wife of the deceased P.Venkatraman and second petitioner is their daughter. The deceased died intestate and though due and diligent search has been made for a Will, none has been found. The deceased left the shares specified in the Schedule, within the jurisdiction of this Court. The succession certificate is required for the purpose of collecting the debts. No application for a succession certificate has been made to any District Court or delegate or to any High Court. Hence, the petitioners have approached this Court for grant of succession certificate in their name with power to collect the debts as specified in the schedule.

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The first petitioner was examined as P.W.1 and in her proof affidavit, she has narrated the facts and exhibited Exs.P1 to Ex.P.6. Ex.P.1 is the death certificate of the first petitioner's husband Venkatraman. Ex.P.1 proves the fact that the first petitioner's husband Venkatraman died on 06.04.2006. Ex.P.2 is the legal heirship certificate of the deceased Venkatraman and the same reveals the fact that the petitioners are the legal heirs of the deceased Venkatraman. Ex.P.3 is filed to show that the deceased had shares in his name. It is also stated by the petitioner in the affidavit that mother of her husband Venkatraman also died on 24.05.2010. Paper publication has also been taken out and none has objected for it.

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Considering the averments made in the petition and the documents filed by the petitioners, I am satisfied that the petitioners have proved their claim for Succession Certificate.

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Accordingly, this petition is ordered as prayed for and a direction for grant of Succession Certificate to the petitioners with power to collect the debts as specified in the schedule, is issued.

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//Certified to be a true copy//

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Dated this the 31st day of MAY 2018.

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TR/31.5.2018 COURT OFFICER(OS)

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From 25.09.2008 the Registry is issuing certified copies of the Order/Judgment Decree in this format.

Certain Securities of Vs

Case brief

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What did the court decide?

Certain Securities of Vs

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