Allowed

N.Sakunthala v. No Respondent

Madras HC21 Nov 2019OP/545/2019

Case brief

AI extract

What is this about?

In an original petition filed under Section 372 of the Indian Succession Act and Order XXV Rule 6 of the Madras High Court Rules, the applicant sought a succession certificate for death benefits standing in her father's name. The court accepted the petitioner's evidence and letter of administration, granting the certificate to collect securities and receive dividends.

What did the court decide?

A succession certificate was granted to the second petitioner with power to collect securities, receive dividends, negotiate and transfer the listed assets.

N.Sakunthala Vs No Respondent — Succession and Inheritance | Madras HC (2019)

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O.P.No.545 of 2019

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O.P.No.545 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

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Act, 1925 read with Order XXV Rule 6 of the Madras High Court Original Side

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Rules to grant Succession Certificate in favour of the second petitioner.

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It is the case of the petitioner is that the petitioners are the mother, son and daughter of the deceased N.V.Muthukrishna @ N.V.M.Krishna. The deceased ordinarily resided at No.155/76, Gengu Reddy Road, Egmore, Chennai. He died on 06.06.1992 intestate and left the properties specified in the petition mentioned Schedule within the jurisdiction of this Court. Though due and diligent search has been made for a Will, none has been found. The deceased at the time of his death left behind the petitioners wife , son and daughter herein as his leglheirs and they are entitled to a share in the estate

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of the deceased

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The Succession Certificate is required for the purpose of claiming, the monetary benefits standing in the name of the deceased account to the credit of the second petitioner, for which, other petitioners have given their consent. The The assets in respect of which the Succession Certificate is required are of the total value of Rs.15,10,582/-. 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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http://www.judis.nic.in

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O.P.No.545 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 second petitioner examined himself as PW1 and marked exhibits

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Exs.P1 to P9.

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a) Ex.P1 (series 3 Nos) are the photocopies of Aadhaar cards of the petitioners.

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b) Ex.P2 is the original death certificate of N.V.Muthu krishna@ N.V.M.Krishna, who died on 06.06.1992.

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c) Ex.P3 is the photocopy of the Legal Heirship Certificate dated 26.09.1992 in respect of Mr.N.V.Muthukrishna @N.V.M.Krishna.

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d) Ex.P4 (series 6 Nos) are the photocopies of the share certificates of Reliance Industries Limited in the name of Mr.N.V.Krishna.

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e) Ex.P5 (series 2 Nos) are the photocopies of the share certificates of Reliance Textile Industries Limited.

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f) Ex.P6 (series 5 Nos) are the photocopies of the share certificate of Larsen & Toubro Limited in the name of N.V.M.Krishna.

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g) Ex.P7 is the photocopy of the share certificate of Apollo Hospitals Enterprise Limited in the name of N.V.M.Krishna

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h) Ex.P8 is the photocopy of the share certificate of UltraTech CemCo Limited in the name of N.V.M.Krishna.

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i) Ex.P9 is a copy of paper publication effected in one issue of Tamil daily ''Thina Boomi'' dated 31.08.2019.

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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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http://www.judis.nic.in

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O.P.No.545 of 2019

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Considering the averments made in the petition and evidences along

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with 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 of N.V.M.Krishna (deceased) to and in favour of the Second petitioner with power to collect the securities and to receive dividends, negotiate and transfer

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the Schedule mentioned securities, is issued. The petitioners are directed to

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render account once in a year.

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21.11.2019
vsn

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O.P.No.545 of 2019

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K.KALYANASUNDARAM, J.,

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vsn

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O.P.No.545 of 2019

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http://www.judis.nic.in

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21.11.2019

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N.Sakunthala v. No Respondent

Case brief

What is this about?

What did the court decide?

N.Sakunthala v. No Respondent

Case brief

What is this about?

What did the court decide?

What the court decided

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Statutes considered

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