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Mrs.Parvathy Srinivasan Vs No Respondent — Succession and Inheritance | Madras HC (2019)

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Madras HC
2019
Mrs.Parvathy Srinivasan Vs No RespondentMrs.Parvathy Srinivasan v. No Respondent

Dismissed

Mrs.Parvathy Srinivasan v. No Respondent

Madras HC20 Aug 2019A/5941/2019

Case brief

from the order text

What is this about?

HIGH COURT OF JUDICATURE AT MADRAS (ORDINARY…

What the court decided

AI extract

Outcome

A

1

IN THE HIGH COURT OF JUDICATURE AT MADRAS

(ORDINARY ORIGINAL CIVIL JURISDICTION) TUESDAY, THE 01ST DAY OF OCTOBER 2019 THE HON'BLE MR. JUSTICE R.SUBRAMANIAN

A. No.5941 of 2019 in O.P.No.462 of 2018

Mrs.Parvathy Srinivasan,
W/o.Sri Srinivasan,
No.7/4, Jai Nagar, Second Street,
Arumbakkam, Chennai-600 106. Applicant/Petitioner
A.No.5941 of 2019:
Application praying that this Hon'ble Court be pleased
to extend the Succession Certificate dated 31/10/2018 and
issued on 02/01/2019 in O.P.No.462 of 2018 to the debts
more fully set out in the schedule.
Schedule-Debts
Sl.No. Name of the Debtor Amount of debts including Description and
Interest on date of Date of instrument
application for extension if any, by which the
debt is secured debts
1 H.D.F.C. Kilpauk Rs.3,40,424.77 Savings Bank
Branch, Fixed Deposit Rs. 98,913.00 Account
No.01241050010444
Current Account
No.01242470000118
Total Rs.4,39,337.77

This Application coming on this day before this court for hearing, the court made the following order:

https://hcservices.ecourts.gov.in/hcservices/

2

Today, this matter is Posted under the caption for being mentioned.

Issues for consideration

2 issues framed by the court

AI extract

1.
Whether the Succession Certificate should be extended to cover an additional sum of Rs. 2,39,337.77 after the initial fixed deposit was already covered.
2.
What is the correct amount on which Succession Duty must be paid for the extended certificate.

Parties & counsel

AI extract

applicant
Mrs. Parvathy Srinivasan

Coram

AI extract

R.Subramaniam

Case details

As recorded by the court registry

Court: Madras HC
Decided on: 20 Aug 2019 · August
Registered: 16 Aug 2019
Case no.: A/5941/2019

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Cite this judgement

Mrs.Parvathy Srinivasan v. No Respondent, A/5941/2019 (MAD), decided on 20 August 2019.

The Madras High Court publishes no neutral citation for this judgement — cite it by case number and date of decision.

Bench / Coram

R.Subramaniam

Parties & counsel

Dismissed

Issue for consideration

Whether the Succession Certificate should be extended to cover an additional sum of Rs. 2,39,337.77 after the initial fixed deposit was already covered. +1 more

A compact analysis

This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.

above application was filed for extension of the Succession Certificate issued on 31.10.2018. In the Original OP, the value of the fixed deposit bearing No.01244470069624 was shown as Rs.2,00,000/- and duty was also paid upon issuance of Succession Certificate for the said sum of Rs.2,00,000/-.

According to the petitioner, subsequently it came to light that the maturity value of the aforesaid Fixed Deposit is Rs.3,40,424.77p. and it was discovered that there is a balance sum of Rs.98,913/- in the Current Account of the deceased. According to the applicant these amounts also should be paid over to the applicant. Hence the applicant sought for extension of succession certificate. This application was allowed by me on 20.08.2019 with a direction to the applicant to pay a

necessary succession duty. The applicant had however, in

the schedule to the said application shown a sum of Rs.4,39,337.77p. as due and payable. The learned counsel would now represent that it is not the correct amount due since Rs.2,00,000/- is already covered by the original

Succession Certificate issued on 31.10.2018. Therefore,

the extension should be only for a sum of Rs.2,39,337.77p. and the succession duty payable is also only on the sum of https://hcservices.ecourts.gov.in/hcservices/ Rs.2,39,337.77p. Therefore, the learned counsel requests

that the Registry may be directed to collect the succession

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duty only in respect of a sum of Rs.2,39,337.77p.

Accepting the submissions of the learned counsel, it

is clarified that the extension of Succession Certificate is only for a sum of Rs.2,39,337.77p., and the Registry shall collect the Succession Duty only for the said sum of Rs.2,39,337.77p.

Sd/.R.S.M.J.
01.10.2019
//Certified to be a true copy//
Dated this the day of 2019.
SU/09.10.2019 COURT OFFICER
From 25.09.2008 the Registry is issuing certified copies of
the Order/Judgment Decree in this format.

https://hcservices.ecourts.gov.in/hcservices/

CNR

HCMA011311512019

Topic

Succession and Inheritance

Bench

Disposal

ALLOWED

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