Allowed

M.R.Krishnamoorthy v. No Respondent

Madras HC14 Nov 2019OP/442/2019

Case brief

AI extract

What is this about?

This order grants a Succession Certificate to the petitioner, the sole legal heir of the deceased P.S.Gowri, who died intestate. The petitioner was directed to collect securities, receive dividends, and transfer assets within the court's jurisdiction.

What did the court decide?

Grant of Succession Certificate enabling the petitioner to collect securities, receive interest and dividends, and transfer schedule-mentioned securities.

M.R.Krishnamoorthy Vs No Respondent — Succession and Inheritance | Madras HC (2019)

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O.P.No.442 of 2019

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O.P.No.442 of 2019

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K.KALYANASUNDARAM, J.

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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 to grant Succession Certificate in favour of the petitioner.

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It is the case of the petitioner that the deceased P.S.Gowri, ordinarily resided at Flat C, Sri Swati Flats, No.17/9, Giri Street, West Mambalam, Chennai-600 033 and died intestate on 12.09.2018 at her residence. The deceased died intestate and left the property specified in the Schedule within the jurisdiction of this Court. Though due and diligent search has been made for a Will but none has been found. The deceased at the time of death, left behind the petitioner herein, as her only legal heir, and he is entitled to claim the entire share of the estate.

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The Succession Certificate is required for the purpose of transmission of the shares in the name of the deceased P.S.Gowri, morefully mentioned in the schedule hereunder. The said assets in respect of which the Succession Certificate is required are of the total value of Rs.5,74,200/- (per share Rs.1276/- as on 28.03.2019). No application has been made to any District Court or delegate or to

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any High Court for Probate of any Will of the deceased or for Letters of Administration with or without the Will annexed to his properties and credits and no

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O.P.No.442 of 2019

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application has been made for a Succession Certificate in respect of any debt or security belonging to the estate of the deceased to any District Court or delegate or to any High Court.

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The petitioner examined himself as PW-1 and marked exhibits Exs.P1 to

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P10.

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a) Ex.P1 is the computer generated copy of the death certificate of Mrs.P.S.Gowri, who died on 12.09.2018.

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b) Ex.P2 is the computer generated copy of the Legal Heirship certificate dated 13.11.2018 in respect of Mrs.P.S.Gowri.

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c) Ex.P3 is the photocopy of the share certificate of Shriram Investments Limited dated 04.04.1987 bearing registered Folio No.P00404 002169 and certificate No.07163 in the name of Mrs.P.S.Gowri.

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d) Ex.P4 is the photocopy of the share certificate of Shriram Investments Limited dated 04.04.1987 bearing registered Folio No.P00404 002169 and certificate No.07164 in the name of Mrs.P.S.Gowri.

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e) Ex.P5 is the photocopy of the share certificate of Shriram Investments Limited dated 30.12.1994 bearing registered Folio No.P00404 and certificate No.135823 in the name of Mrs.P.S.Gowri.

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f) Ex.P6 is the photocopy of the share certificate of Shriram Investments Limited dated 17.01.1997 bearing registered Folio No.P00404 and certificate No.265849 in the name of Mrs.P.S.Gowri.

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g) Ex.P7 is the photocopy of the share certificate of Shriram Investments Limited dated 17.01.1997 bearing registered Folio No.P00404 and certificate No.265849 in the name of Mrs.P.S.Gowri.

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O.P.No.442 of 2019

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h) Ex.P8 is the photocopy of the communication to Mrs.P.S.Gowri about declaration of dividend of Rs.1125/- by Shriram Transport Finance Limited.

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i) Ex.P9 is the original letter dated 18.09.2019 addressed to me by Integrated Registry Management Service Private Limited in respect of the shares held by Mrs.P.S.Gowri.

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j) Ex.P10 is a copy of paper publication effected in one issue of Tamil daily “Maalai Sudar” dated 14.07.2019.

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He has further stated in his evidence that he has not filed any other petition seeking the same relief.

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Considering the averments made in the petition and the documents filed by the petitioner, I am satisfied that the petitioner has succeeded the Estate of the deceased. Therefore, the petition is ordered as prayed for and a direction for grant of Succession Certificate to the petitioner with power to collect the securities and to receive interest and dividends, negotiate and transfer the Schedule mentioned securities, is issued. The petitioner is directed to render account once in a year.

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14.11.2019

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KMI

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O.P.No.442 of 2019

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K.KALYANASUNDARAM, J.

KMI

O.P.No.442 of 2019

14.11.2019

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M.R.Krishnamoorthy v. No Respondent

Case brief

What is this about?

What did the court decide?

M.R.Krishnamoorthy v. No Respondent

Case brief

What is this about?

What did the court decide?

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