Allowed

Securities of v. Mrs.Mary Clara Christina

Madras HC7 Nov 2019OP/51/2018

Case brief

AI extract

What is this about?

Petitioner prayed for a succession certificate regarding the estate of her deceased husband. The court, satisfied by the petitioner's evidence and consent affidavits of respondents, granted the certificate with powers to collect securities and receive proceeds.

What did the court decide?

Direction for grant of Succession Certificate with power to collect securities, receive interest and dividends, and negotiate transfers; petitioner directed to render account annually.

Securities of Vs Mrs.Mary Clara Christina — Succession and Inheritance | Madras HC (2019)

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O.P.No.51 of 2018

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O.P.No.51 of 2018

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K.KALYANASUNDARAM, J.

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This Petition has been filed under Section 372 of Indian Succession

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Act XXXIX, 1925 r/w Order XXV, Rule 6 of O.S Rules for grant of succession certificate.

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2.In the petition, it is stated that the deceased A.T.Pannirselvam, died on 21.04.2009 and he ordinarily resided at 15, Ramanathan Street, Kilpauk, Chennai – 600 010 and left the properties within the jurisdiction of this Court. The deceased died intestate and though due and diligent search has been made for Will, but, none has been found. The deceased is the husband of the petitioner. The deceased at the time of his death left behind the petitioner herein as his only surviving legal heir, who claims to be entitled a share of the estate of the deceased. The succession certificate is required for the purpose of receiving the proceeds

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out of the investments made in the shares and the assets in respect of

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which the succession certificate is required are of the value of

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Rs.17,21,963/-.

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No application has been made at any District court or delegate or

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to any other High Court for probate of any Will of the said deceased or Letters of Administration with or without the Will annexed to his property

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O.P.No.51 of 2018

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and credits or for a Succession Certificate. Hence, the petitioner has approached this Court for grant of Succession Certificate in favour of the petitioner, with power to collect the securities and to receive the interest and dividends or proceeds and negotiate and transfer the securities specified in the schedule.

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The petitioner examined herself as P.W.1 and deposed evidence

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and also marked the following documents viz., Exs.P1 to P11.

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i) Ex.P1 is the computer generated death certificate of my husband A.T.Pannirselvam, who died on 21.04.2009.

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ii) Ex.P2 is the photocopy of the Legal Heirship certificate dated 19.10.2010 in respect of my deceased husband A.T.Panniselvam (Marked after comparing and verifying with the original).

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iii) Ex.P3 is the online statement of demat account of Integrated Enterprises (India) Limited as on 04.08.2017 in respect of shares and securities held by my deceased husband A.T.Pannirselvam.

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iv) Ex.P4 is a copy of paper publication effected in one issue of Tamil daily “Thina Boomi” dated 27.09.2019.

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v) Ex.P5 is the consent affidavit given by the 1^st respondent herein stating that she has no objection in grant of succession certificate in my favour.

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O.P.No.51 of 2018

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vi) Ex.P6 is the consent affidavit given by the 2^nd respondent herein stating that she has no objection in grant of succession certificate in my favour.

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vii) Ex.P7 is the consent affidavit given by the 3^rd respondent through the 4^th respondent who is the power agent of the 3^rd respondent stating that she has no objection in grant of succession certificate in my favour.

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viii) Ex.P8 is the consent affidavit given by the 4^th respondent stating

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that she has no objection in grant of succession certificate in my favour.

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ix) Ex.P9 is the consent affidavit given by the 5^th respondent through the 2^nd respondent who is the power of attorney of the 5^th respondent stating that he has no objection in grant of succession certificate in my favour.

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x) Ex.P10 is the original power of attorney dated 02.01.2018 given by 5^th respondent in favour of 2^nd respondent.

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xi) Ex.P11 is the original power of attorney dated 05.01.2018 given by

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3^rd respondent in favour of 4^th respondent.

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

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7.The learned counsel appearing for the respondents would submit that the respondents have no objection for allowing this petition and they

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O.P.No.51 of 2018

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have already filed consent affidavit to that effect.

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5.Considering the averments made in the petition and the documents

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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 the interest and dividends or

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proceeds thereon and negotiate and transfer, is issued. The petitioner is directed to render account once in a year.

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07.11.2019
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O.P.No.51 of 2018

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K.KALYANASUNDARAM, J.

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O.P.No.51 of 2018
07.11.2019

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Securities of v. Mrs.Mary Clara Christina

Case brief

What is this about?

What did the court decide?

Securities of v. Mrs.Mary Clara Christina

Case brief

What is this about?

What did the court decide?

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