Allowed

Certain Securities of v. Radhakrishnan

Madras HC27 Apr 2018OP/907/2017

Case brief

AI extract

What is this about?

This order grants a succession certificate to the wife, minor sons, and mother of a deceased intestate for the purpose of collecting securities and receiving interest and dividends. The court directed the petitioners to render accounts annually.

What did the court decide?

A direction for grant of Succession Certificate to petitioners with power to collect securities, receive interest/dividends, and transfer them was issued, and they were directed to render accounts ann

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

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IN THE HIGH COURT OF JUDICATURE AT MADRAS

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(ORDINARY ORIGINAL CIVIL JURISDICTION)

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FRIDAY, THE 27TH DAY OF APRIL 2018

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THE HON'BLE MR. JUSTICE N.SATHISH KUMAR J

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O.P.No.907 of 2017

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In the matter of Indian Succession Act XXXXIX of 1925 and In the matter of certain securities of Sathyanarayanan, deceased

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Intestate

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1.Sridevi,

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W/o.Late.M.R.Sathyanarayanan, No.6, Vinayagar Koil Street, Ananda Nagar, Tambaram Sanatorium, Chennai.

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2.Srinath (Minor), Rep.by. His Mother and Natural Guardian Sridevi, W/o.Late.M.R.Sathyanarayanan, No.6, Vinayagar Koil Street, Ananda Nagar, Tambaram Sanatorium, Chennai.

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3.Srikanth Sabrish (Minor), Rep.by. His Mother and Natural Guardian Sridevi, W/o.Late.M.R.Sathyanarayanan, No.6, Vinayagar Koil Street, Ananda Nagar, Tambaram Sanatorium, Chennai.

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4.Saraswathi,

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M/o.Late.M.R.Sathyanarayanan, No.6, Vinayagar Koil Street, Ananda Nagar, Tambaram Sanatorium, Chennai.

...Petitioners

Radhakrishnan,

F/o.Late.M.R.Sathyanarayanan, No.6, Vinayagar Koil Street, Ananda Nagar, Tambaram Sanatorium, Chennai.

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..Respondents

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Petition praying that this Hon'ble Court be pleased to granted to the petitioners with power to collect the securities and to receive interest and dividends thereon and negotiate and transfer the securities specified in the schedule hereunder.

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This Original petition coming on this 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, 1925 read with Order XXV Rule 6 of the Madras High Court Original Side Rules, 1956 to grant succession certificate in favour of the petitioners.

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It is the case of the petitioners that the deceased

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Mr.Sathyanarayanan, died on 29.06.2017 and he was ordinarily residing

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at No.6, Vinayagar Kovil Street, Anandha Nagar, Santorium Chennai

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The petitioners are the wife, minor sons and mother of the

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deceased. The deceased died intestate and though due and diligent

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search has been made for a Will, none has been found. According to

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the petitioners, they are the Class-I legal heirs of the deceased and

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are entitled to the share of the estate. The succession certificate

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is required for the purpose of collecting the securities and to

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receive interest and dividends thereon and negotiate the transfer the

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securities specified in the schedule. No application for a succession certificate in respect of any Shares or debt or securities

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belonging to the estate of the said deceased has been made to any District Court or delegate or to any High Court.

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The 1st petitioner examined herself as P.W.1 and marked Exs.P1

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to P7.

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(i)Ex.P1 is the photocopy of the death certificate of her husband M.R.Sathyanarayanan, who died on 10.07.2017.

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(ii)Ex.P2 is the photocopy of the legal heir certificate dated dated 06.09.2017 in respect of her deceased husband.

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(iii)Ex.P3 is the birth certificate of M.S.Srinath (minor) 2nd

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petitioner dated 24.04.2018.

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(iv)Ex.P4 is the birth certificate of M.S.Srikanth Sabarish (minor), 3rd petitioner dated 24.04.2018.

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(v)Ex.P5 is the photocopy of the Share certificate (500 shares

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of Caplin Point Laboratories Ltd., ) dated 21.10.2016.

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(vi)Ex.P6 is the original of the paper publication dated

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03.03.2018.

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(vii)Ex.P7 is the consent affidavit OF M.P.Radhakrishnan,

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respondent.

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She has further stated in her evidence that she has not filed any other petition before any other Court seeking the same relief.

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Considering the averments made in the petition and the

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documents filed by the petitioners, I am satisfied that the

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petitioners have succeeded the Estate of the deceased

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Mr.M.R.Sathyanarayanan. Therefore, the petition is ordered as prayed

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for and a direction for grant of Succession Certificate to the

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petitioners, with power to collect the Securities and to receive the interest and dividends and negotiate and transfer the securities

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specified in the schedule, is issued. The petitioners are directed

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to render account once in a year.

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//Certified to be a true copy//

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Dated this the 2nd day of May 2018.

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SL/02.05.2018 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 v. Radhakrishnan

Case brief

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Certain Securities of v. Radhakrishnan

Case brief

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