The High Court of Madras allowed a petition for issue of a succession certificate to the fifth petitioner under Section 372 of the Indian Succession Act read with Order XXV Rule 6 of the Original Side Rules, issuing it to collect securities and receive dividends.
Succession Certificate granted to the fifth petitioner to collect securities and receive dividends.
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O.P.No.610 of 2019
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 20.01.2020
CORAM
THE HONOURABLE MR.JUSTICE SENTHILKUMAR RAMAMOORTHY
O.P.No.610 of 2019
1.Rajmal Jain
2.Uttamchand Jain
3.Hemlata Chhajer
4.Bandari Rangeela
5.Mukesh
6.Aruna ...Petitioners
Original Petition filed for issue of Succession Certificate under Section 372 of Indian Succession Act & under Order XXV Rule 6 of the Original Side Rules praying to grant a succession certificate to the fifth petitioner with power to collect the securities and to receive the interests and dividends thereon and negotiate and transfer the securities specified in the schedule hereto.
O R D E R
This petition is filed under Section 372 of the Indian Succession Act, 1925 read with Order XXV Rule 6 of the Original
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Side Rules for grant of a Succession Certificate to the fifth petitioner in respect of the securities listed in the Schedule to the petition.
examined the evidence recorded. On examining the evidence http://www.judis.nic.in 2/4
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recorded in the case, I find that the following is evident:
“(i). The petitioners mother Rani Bai died on 24.03.2017 as evidenced by Ex.P1.
(ii). The legal heirship certificate dated 22.09.2017
has been marked as Ex.P3 and it shows the names of all
the petitioners herein.
(iii). Paper publication was duly effected.
(iv) Petitioners 1, 2, 3, 4 and 6 have issued consent affidavits stating that they have no objection to the grant of Succession certificate to the fifth petitioner.”
no Will of the deceased was found. It is also stated that no
application was 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 any Will annexed. Therefore, the petitioners have established the entitlement to succeed to the estate of the deceased.
the Succession Certificate be granted to the fifth petitioner in respect of the securities listed in the Schedule to the petition, with
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power to collect the securities, receive dividends thereon and negotiate and transfer the said securities.
20.01.2020
gsi Speaking (or) Non Speaking Order Index : Yes/ No Internet : Yes
SENTHILKUMAR RAMAMOORTHY, J.
gsi
O.P.No.610 of 2019
20.01.2020
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3 issues framed by the court
Whether the petitioners are entitled to a succession certificate for the fifth petitioner in respect of the deceased's securities.
Whether the requirements for issuance of a succession certificate under Section 372 of the Indian Succession Act are satisfied.
Whether the consent of co-heirs and documentary evidence suffice for granting the certificate.
2 provisions across 2 enactments
Rajmal Jain and others
Fifth petitioner
T Rani Bai
Senthil Kumar Ramamoorthy
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
