Allowed

Kumar B. v. No Respondent

Madras HC10 Jul 2019OP/61/2019

Case brief

AI extract

What is this about?

In an original petition under the Indian Succession Act, the Madras High Court allowed an application for a succession certificate in favour of the petitioners, who were the legal heirs of the deceased Bakthavachalam, granting them the right to collect debts and interest on specified securities.

What did the court decide?

issued a succession certificate to the petitioners in respect of the securities mentioned in the schedule to the petition.

Kumar B. Vs No Respondent — Succession and Inheritance | Madras HC (2019)

¶1

¶2

IN THE HIGH COURT OF JUDICATURE AT MADRAS

¶3

(TESTAMENTARY AND INTESTATE JURISDICTION) WEDNESDAY, THE 10TH DAY OF JULY 2019 THE HON'BLE MR.JUSTICE R.SUBRAMANIAN

¶4

O.P.No. 61 of 2019

¶5

In the matter of Indian Succession Act, XXXIX of 1925 and In the matter of Securities of M.Bakthavatchalamdeceased Intestate 1. Mr.B.Kumar, S/o.Late Bakthavachalam, No.42/3, 14^th Lane, Indira Nagar Adyar, Chennai-600 020 2. Tmt.S.Sailakshmi, W/o.Sundaramoorthi, No.60/24A, Ayyapillai Thottam 1^st Street, Kaladipet, Thiruvottiyur, Chennai-600 019, Thiruvallur District. 3. Tmt.S.Kannagi, W/o.Selvaraj, No.4/297, 09^th Cross Street, Sri Devi Nagar, Goparasanallur, Kattupakkam, Poonamallee-600 056, Thiruvallur District. 4. Tmt.K.Valli, W/o.Gangadharan, No.1, Sinthalamman Koil Street,V.O.C.Nagar, Pammal, Chennai-600 075, Kanceepuram District. 5. Tmt.Suseela, W/o.Johnson, No.465/16, TNHB Quarters, Shanthi Colony, Anna Nagar, Chennai-600 040. https://hcservices.ecourts.gov.in/hcservices/

¶6

¶7

R.Parvathi, W/o.Late Mr.Rajendran, No.303, Madura Samy Madam Street, Sembiam, Perambur, Chennai-600 011

¶8

R.Prabaharan, S/o.Late Rajendran, No.303, Madura Samy Madam Street, Sembiam, Perambur, Chennai-600 011, Petition 6 and 7 are legal heirs of Deceased Late Rajendran. ..Petitioners

¶9

Original Petition praying that this Hon'ble Court be pleased that a Succession Certificate may be granted to the petitioner with power to collect the debts to receive the interest specified in the Schedule in the petition. This Original Petition coming on this day before this court for hearing the court made the following order: The petitioners, who are the children of the deceased K.Bakthavachalam, who died intestate on 22.01.2017 seek issuance of succession certificate in respect of the securities mentioned in the schedule to the petition.

¶10

The first petitioner has been examined as P.W.1, he

¶11

has produced the death certificate of the deceased Bakthavachalam as Ex.P1 and the legal heirship as Ex.P2. A perusal of the legal heirship certificate shows that the petitioners 1 to 5 are the children of the deceased Bakthavachalam. One of the sons namely, B.Rajendran died on 30.04.2017 and the death certificate of Rajendran has been produced as Ex.P4. The legal heirship certificate of

¶12

B.Rajendran has been marked as Ex.P5 and the same discloses https://hcservices.ecourts.gov.in/hcservices/

¶13

that the petitioners 6 and 7 are his legal heirs, being his

¶14

¶15

wife and son. The petitioners being the Clause - I heirs

¶16

of the deceased are entitled to succession certificate in respect of the securities mentioned in the schedule to the petition.

¶17

In the light of the above evidence, this application
is allowed granting succession certificate in respect of
the securities mentioned in the schedule to the petition in
favour of the petitioners.
Sd/.R.S.M.J
10.07.2019
//Certified to be a true copy//
Dated this the day of 2019.
SU/31/07/2019 COURT OFFICER
From 25.09.2008 the Registry is issuing certified copies of
the Order/Judgment Decree in this format.

¶18

https://hcservices.ecourts.gov.in/hcservices/

Kumar B. v. No Respondent

Case brief

What is this about?

What did the court decide?

Kumar B. 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

Coram

Case details

Similar cases

G. Srinivas Vs Mr M Swaminathan

G.Munawarkhan Vs Azharudeen H.

K.S. Saravanan Vs Tmt. Mageswari

M/s.Edac Engineering Limited Vs M/s.G.R.Infrastructure Pvt.Ltd

Will (3) of M.Kesavan Vs Mrs.Parijatham

A.S.Rathnasabapathy Vs Komala Krishnamurthy