N.Sushila v. No Respondent
Case brief
What is this about?
The court granted a succession certificate to the fourth petitioner, a Class I legal heir of the deceased P.V. Srinivasan. The other heirs consented to the grant, and no probate or administration petitions were pending.
What did the court decide?
Succession certificate granted to the fourth petitioner with power to collect securities, receive interests and dividends, and negotiate and transfer the securities.
What the court decided
O.P.No.628 of 2019
O.P.No.628 of 2019
K.KALYANASUNDARAM, J.,
This petition has been filed under part X Section 372 of the Indian Succession Act 1925 read with under Order XXV Rule 6 of O.S. Rules to grant succession certificate in favour of the fourth petitioner.
- In the petition, it is stated that the deceased P.V. Srinivasan ordinarily resided at Chennai and lastly resided in a rental house at No.42/16, Sathiya Narayana Street, Apparao Garden, Sembium, Thiru.V.K.Nagar, Chennai 600 0011 and died on 18.11.2018. The deceased died intestate and that due and diligent search has been made for a Will but none has been found. The petitioners submitted that they are the Class I Legal Heirs of the deceased P.V.Srinivasan and the parents of the deceased pedeceased him and his wife died on 26.12.2013. The fourth petitioner filed the death certificate and legal heirship certificate of P.V.Srinivasan. The other legal heirs / 1 to 3 petitioners gave consent to grant succession certificate in favour of the fourth petitioner. The said assets in respect of which the succession certificate is required are of the value at the rate of Rs.175.55p per share x 4000 shares totalling a sum of Rs.7,02,200/-
- 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 http://www.judis.nic.in
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Issues for consideration
2 issues framed by the court
Whether a succession certificate to the fourth petitioner should be granted as he is a Class I legal heir and consent has been obtained from other heirs.
Whether the requisite procedural requirements for declarations under the Succession Act and O.S. Rules are met in this case.
Parties & counsel
- petitioner
K. Kalyanasundaram (4th Petitioner)
- petitioner
1st Petitioner
- petitioner
2nd Petitioner
- petitioner
3rd Petitioner
- respondent
Estate of P.V. Srinivasan
Case details
As recorded by the court registry
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