The petitioner, son of intestate deceased, sought a succession certificate for securities. The High Court verified legal heirship and consent affidavits from respondents and issued the certificate to the petitioner.
Issuance of a succession certificate in respect of the securities mentioned in the schedule in favour of the petitioner.
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IN THE HIGH COURT OF JUDICATURE AT MADRAS
(TESTAMENTARY AND INTESTATE JURISDICTION)
WEDNESDAY, THE 21ST DAY OF AUGUST 2019
THE HON'BLE MR. JUSTICE R.SUBRAMANIAN
O.P.No.464 of 2018
In the matter of Indian Succession Act, XXXIX of 1925 and In the matter of securities of Madhav Srinias Mudaliyar (Deceased) - Intestate 1. ARVIND M.MUDALIYAR S/o.Late Madhav Srinivas Mudaliyar Flat No.D-3, Sam's Abhishega Tower, No.111, Old No.60, Beracah Road, Secretariat Colony, Kilpauk, Chennai-600010. ..Petitioner -Vs1.SHANTHA MUDALIYAR W/o.Late Madhav Srinivas Mudaliyar, Flat No.D-3, Sams Abhishega Tower, No.111, Old No.60, Beracah Road, Secretariat Colony, Kilpauk, Chennai-600010.
Original Petition praying that this Hon'ble Court be pleased that a Succession certificate may be granted to the petitioner with the power to collect the Securities and to https://hcservices.ecourts.gov.in/hcservices/ receive the interest and dividends thereon and to negotiate and transfer the securities specified in the Schedule.
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SCHEDULE-VII of Indian Succession Act
Details of the Securities / Shares/ Debentures
S.No. Distinctive Nam, Title or No.of Face value Market value of
No. class of Shares/ of shares Shares
Security Debenture (In Rupees) (in Rupee)
s
1 0363523583 to Sydicate Bank 100 Rs.79/- 7900/-
0363523682
2 67452715 to Shriram 2250 Rs.1,430/- 32,17,500/-
67454964 Transport
Finance
Company
Limited
3 06883507 to E-Merck India 235 Rs.1,438/- 3,37,930/-
06883556, Limited
4430451 to
4430550
00368728 to
00368734,
00368718 to
00368727
Total Rs.35,63,330/-
This Original Petition coming on this day before this court for hearing the court made the following order:
The petitioner, who is the son of Late Madhav Srinivas Mudaliyar, who died intestate on 20.11.2015 seeks issuance of succession certificate in respect of the securities that stood in the name of his late father. The respondents are the wife and daughters of Late Madhav Srinivas Mudaliyar.
https://hcservices.ecourts.gov.in/hcservices/ and legal heirship certificate as Ex.P5. A perusal of Ex.P5 shows that the petitioner and the respondents are the
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only legal heirs of the deceased Madhav Srinivas Mudaliyar.
The consent affidavits of the respondents have been marked as Exs.P6, P8 and P9. Necessary publications have been effected and no objections have been received.
petitioner is entitled to succession certificate in respect
of the securities mentioned in the schedule to the
petition. In fine, this original petition is allowed
granting succession certificate in respect of the securities mentioned in the schedule to the petition in favour of the petitioner.
//Certified to be a true copy// Dated this the day of 2019.
From 25.09.2008 the Registry is issuing certified copies of the Order/Judgment Decree in this format.
2 issues framed by the court
Whether the petitioner is entitled to a succession certificate in respect of the securities of the intestate deceased.
Whether the consent of all legal heirs and publication were necessary for issuing the certificate in this uncontested case.
1 provisions across 1 enactments
Arvind M. Mudaliyar
Shantha Mudaliyar
Anuradha Jayanth
Arthi M Mudaliyar
R. Subramanian
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
