D.Kishore v. Nil
Case brief
What is this about?
This order grants a succession certificate to the petitioners, the legal heirs of deceased K.Dhanapal, for transmission of his securities/shares. The court was satisfied that no Will existed and the petitioners are the only Class-I heirs entitled to transmit the estate.
What did the court decide?
Grant of Succession Certificate to the first petitioner with power to collect debts, receive interest and dividends, and negotiate and transfer the securities specified in the schedule.
What the court decided
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O.P.No.613 of 2020
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 K.Dhanapal. The first petitioner is the son of deceased, second petitioner is wife and third petitioner is the daughter-in-law of deceased and 4th,5th and 6th petitioners are the minor children of the 3rd petitioner herein. The said K.Dhanapal died on 16.12.2018 in Chennai. Other than the petitioners, there are no other relatives to succeed the estate as Class-I heir. Prior to and at the time of his death, the deceased had his fixed place of residence at door No. 622, Trichy, chinnasamy road, Vyasarpadi, Periyar nagar, Chennai-600039. He left the schedule mentioned properties and died within the jurisdiction of this Court. The deceased was having a number of shares in several companies. On account of the death, the petitioners being his successors, are jointly entitled to a share in the securities/shares which the deceased was holding in several companies. The deceased died intestate and though due and diligent search has been made for a Will, none has been found. The
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succession certificate is required for the purpose of transmission of shares standing in the name of the deceased to that of all the petitioners. The asset in respect of which the succession certificate is required is of the value of Rs.32,75,770/-. No application for a succession certificate in respect of any debt or security belonging to the estate of the said deceased has been made to any District Court or delegate or to any High Court. Hence, the petitioners have approached this Court for grant of succession certificate in their names with power to collect the debts and to receive the interest and dividends on and negotiate and transfer the securities specified in the schedule.
Issues for consideration
3 issues framed by the court
Whether the petitioners are entitled to a succession certificate in terms of Section 372 of the Indian Succession Act.
Whether the petitioners satisfied the requirements of Order XXV Rule 6 of the Madras High Court Original Side Rules.
Whether the deceased left any Will or testamentary document affecting succession.
Parties & counsel
- petitioner
V.Parthiban
- respondent
D.Dhanapal Deceased Estate (represented by Petitioners)
Coram
V.Parthiban
Case details
As recorded by the court registry
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