Allowed

Mala Barath v. No Respondent

Madras HC19 Nov 2019OP/532/2019

Case brief

AI extract

What is this about?

This petition under Section 372 of the Indian Succession Act, 1925 sought a succession certificate for the estate of deceased Krishnamachari Raghunathan. The court found that the deceased died intestate and the petitioners were legal heirs. The petition was allowed granting the certificate.

What did the court decide?

Grant of Succession Certificate in favour of the petitioners with power to collect securities, interest and dividends, and negotiate and transfer schedule mentioned securities.

Mala Barath Vs No Respondent — Succession and Inheritance | Madras HC (2019)

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O.P.No.532 of 2019

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O.P.No.532 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,

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1925 read with Order XXV Rule 6 of the Madras High Court Original Side Rules to grant Succession Certificate in favour of the petitioners.

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It is the case of the petitioners that the deceased Krishnamachari Raghunathan, ordinarily resided at No.7/3, Luz Avenue I Street, Mylapore, Chennai-600 004 and died on 14.08.2012 at Mumbai. 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 petitioners herein, as his legal heirs, and they are entitled to equal share of the estate.

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The Succession Certificate is required for the purpose of collect the debts with accrued interest and securities along with accrued dividend as mentioned in the Schedule hereunder. The said assets in respect of which the Succession Certificate is required are of the total value of Rs.8,72,870.37/-. No application has been made to any District Court or delegate or to any High Court for Probate of any Will of the deceased or for Letters of Administration with or without the Will

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O.P.No.532 of 2019

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annexed to his properties and credits and no 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 first petitioner examined himself as PW-1 and marked exhibits Exs.P1

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to P6.

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a) Ex.P1 is the photocopy of the death certificate of her father Krishnamachari Raghunathan 14.08.2012 (Marked after comparing and verifying with the original).

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b) Ex.P2 is the computer generated death certificate of her mother Padma Raghunathan, who died on 07.08.2013.

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c) Ex.P3 is the photocopy of the Legal Heirship Certificate dated 09.12.2013 in respect of her mother Padma Raghunathan (Marked after comparing and verifying with the original).

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d) Ex.P4 is the computer generated death certificate of her another brother K.R.Sridhar, who died on 20.07.2016.

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e) Ex.P5 (series) are the computer generated consolidated statement of holdings as on 28.02.2019 issued by Mutual Fund Consolidated Account Statement in respect of mutual funds held by her father.

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f) Ex.P6 is a copy of paper publication effected in one issue of Tamil daily “Makkal Kural” dated 05.09.2019.

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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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O.P.No.532 of 2019

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O.P.No.532 of 2019

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

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19.11.2019
KMI

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O.P.No.532 of 2019

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K.KALYANASUNDARAM, J.

KMI

O.P.No.532 of 2019

19.11.2019

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Mala Barath v. No Respondent

Case brief

What is this about?

What did the court decide?

Mala Barath v. No Respondent

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Statutes considered

Parties & counsel

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