S.Ushha v. Nil
Case brief
What is this about?
The Court granted a succession certificate to the legal heirs of S. Manohar regarding his movable property and securities. The petitioners, being the wife, son, and mother of the deceased who died intestate, were found to have succeeded the estate and were permitted to collect securities and dividends.
What did the court decide?
Grant of Succession Certificate to the petitioners with power to collect securities, receive dividends, and negotiate/transfer securities interests, subject to annual accounts.
What the court decided
O.P.No.307 of 2021
O.P.No.307 of 2021
V.PARTHIBAN.,J.
This Petition has been filed under Section 372 of the Indian Succession Act read with Order XXV Rule 6 of the Madras High Court Original Side Rules, to grant succession certificate in favour of the petitioners.
2.It is the case of the petitioners that they are the legal heirs of deceased Mr.S.Manohar. The first, second and third petitioners are the wife, son and mother of the deceased. The said Manohar died on 06.10.2020 at MIOT Hospital, Manapakkam, Chennai. Other than the petitioners, there are no other relatives to succeed the estate as Class-I legal heir. Prior to and at the time of his death, the deceased had ordinarily resided at No.1, 2nd street, Vedachala Nagar, Kodambakkam, Chennai, Tamil Nadu – 600024. He left the movable properties specified in the schedule within the jurisdiction of this Court. The deceased was having securities with Banks and Companies etc,. as mentioned in schedule VIII. On account of the death, the petitioners being his successors, are jointly entitled for the amount lying in the banks and companies. The deceased died intestate and though due and diligent search has been made for a Will, none has been found. The succession certificate is required for
the purpose of producing the same before the banks and companies
1
Issues for consideration
2 issues framed by the court
Whether the petitioners, as Class-I legal heirs of the deceased who died intestate, are entitled to a succession certificate.
Whether the requirements under Section 372 of the Indian Succession Act read with Order XXV Rule 6 of the Madras High Court Original Side Rules are satisfied.
Parties & counsel
- petitioner
V. Parthiban (Petitioners - Wife, Son, Mother of deceased)
- respondent
Deputy Registrar, Court of Chief Judicial Magistrate
Coram
V. Parthiban
Case details
As recorded by the court registry
Similar cases
Judgements on the same questions, provisions and authorities, from every court