The Court granted a succession certificate to the second petitioner to collect interests and transfer securities inherited from two deceased intestates. This allowed the resident sister to act on behalf of her sister residing in Australia.
Grant of succession certificate to the 2nd Petitioner with power to collect securities and receive interest and dividends.
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)
FRIDAY, THE 22ND DAY OF JANUARY 2021
THE HON'BLE MR. JUSTICE R.PONGIAPPAN
O.P.No.938 of 2019
In the matter of the Indian Succession Act XXXIX of 1925 and
In the matter of certain Securities belonging to Dev.Kumar Mukerji and Daphne Mukerji (Deceased Intestate)
Original Petition praying that this Hon'ble Court be pleased that a
succession certificate may be granted to Mrs.Devika Mukerji Khazvini the
2nd petitioner herein with power to collect the debts and to receive the
interest and dividends on and negotiate and transfer the securities including
https://hcservices.ecourts.gov.in/hcservices/ those specified in the schedules.
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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 read with Order XXV Rule 6 of the Madras High Court Original Side Rules, to grant succession certificate in favour of the petitioners.
2.Heard the learned counsel for the petitioners.
behind the petitioners as their legal heirs. Both the deceased were ordinarily
resided at Chennai and left the share certificates specified in the Schedule within the jurisdiction of this Court. Both the deceased died intestate and that due and diligent search has been made for a Will but none has been found.
be entitled for an equal share to the estate of both the deceased. Hence, the https://hcservices.ecourts.gov.in/hcservices/ legal heirs of Mr.Dev kumar Mukerji and Mrs.Daphne Mukerji, the
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Petitioners herein, are equally entitled to the above said sum assured along with bonus. As the petitioners are required succession certificate for the purpose of transferring share certificate in their names, the filed this application. Since the 1st Petitioner is the resident of Australia, she appointed the 2nd Petitioner as her Power of Attorney Agent to conduct, make necessary applications, adduce evidence before this Court or any other
authorities and to receive the claim amount of deceased parents.
allotted to the 1st Petitioner.
Exs.P1 to Ex.P.8 were marked through him.
sister who has given Power of Attorney Ex.P.4 power to collect the https://hcservices.ecourts.gov.in/hcservices/ securities and to receive the interest and dividends on and negotiate and
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transfer the securities specified in the Schedule. Ex.P.1 is the Death Certificate of their mother Mrs.Daphne Mukerji who died on 16.08.2017 and Ex.P.2 is the Death Certificate of their father Mr.Dev Kumar Mukerji, who died on 11.12.2017. Ex.P.3 is the Legal Heirship Certificate dated 16.04.2018 in respect of their father. Ex.P.8 is the copy of Paper publication effected on 15.02.2020 and none has objected for it.
Sd/-R.P.A.J. 22.01.2021
//Certified to be a true copy// Dated this the th day of 2021 Su/04.02.2021 COURT OFFICER(O.S.)
From 25.09.2008 the Registry is issuing certified copies of the Order/Judgment Decree in this format.
3 issues framed by the court
Whether the petitioners are eligible to be granted a succession certificate.
Whether the petitioners have the right to collect debts and transfer securities of the deceased intestates.
Whether power of attorney can enable a petitioner to act on behalf of another petitioner.
2 provisions across 2 enactments
Nina Moddie
Devika Mukerji Khazvini
R. Pongiappan
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
