Court allowed an original petition under the Indian Succession Act, 1925 to grant a succession certificate to the deceased's husband for collecting securities left by her intestate estate, noting he and two children are the sole surviving Class-I heirs.
Succession certificate granted to the first petitioner for the securities specified in the schedule.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
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IN THE HIGH COURT OF JUDICATURE AT MADRAS
(TESTAMENTARY AND INTESTATE JURISDICTION)
THURSDAY, THE 09TH DAY OF JANUARY 2020
THE HON'BLE MR. JUSTICE SENTHILKUMAR RAMAMOORTHY
O.P.No.608 of 2019
In the matter of Indian Succession Act, XXXIX of 1925 and In the matter of certain Securities in respect of Mrs.Alka Mohnot, deceased intestate
Original Petition praying that this Hon'ble Court be pleased that a Succession certiticate may be granted to the petitioner with power to collect the securities and to receive the interest and dividends on and negotiate and transfer the securities 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:
This petition has been filed under Section 372 of the
Indian Succession Act 1925 and Order XXV Rule 6 of https://hcservices.ecourts.gov.in/hcservices/
O.S.Rules to grant succession certificate in favour of the
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first petitioner with power to collect the securities and
to receive the interest and dividends thereon and negotiate and transfer the securities specified in the schedule to the petition.
the first petitioner's wife died in Chennai on 21.10.2006. She further submitted that the deceased ordinarily resided at Girdhar Niwas, Flat 1 C/D No.2, New Street,Ayyavu Naidu Colony, Aminjikarai, Chennai and also left property, which is within the jurisdiction of this Court. She further submitted that evidence was adduced and that the first petitioner was examined as PW1 and the following documents were exhibited:
death certificate of Alka Mohnot, who died on 21.10.2006.
Heirship Certificate dated 06.06.2007 in
respect of Alka Mohnot.
certificate of HDFC Bank Limited bearing registered Folio NO.HB0361863 and certificate
https://hcservices.ecourts.gov.in/hcservices/ No.003016889 standing in the name of Alka
Mohnot.
petitioner's Aadhaar card bearing No.5427 0100 5344 along with the copy of PAN Card.
The learned counsel for the petitioners further submitted that petitioners 2 and 3, who are the son and daughter of the deceased, have stated in the petition that they have no objection to the grant of a Succession Certificate to the first petitioner.
Ex.P1.
(b) the legal heirship certificate,
namely Ex.P2, shows that the
petitioners are the only surviving
Class-I legal heirs of the deceased.
effected and marked as Ex.P5.
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//Certified to be a true copy// Dated this the day of 2020.
SU/20.01.2020 COURT OFFICER
From 25.09.2008 the Registry is issuing certified copies of the Order/Judgment Decree in this format.
2 issues framed by the court
Whether a succession certificate should be granted to the wife seeking to collect securities of her deceased intestate wife.
Whether the petitioners are the only surviving Class-I legal heirs entitled to succeed to the estate.
1 provisions across 1 enactments
Vishwajeet Mohnot
Akshita Kothari
Abhijeet Mohnot
Senthilkumar Ramamoorthy
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
