Allowed

C.B.Tamilselvi v. No Respondent

Madras HC20 Dec 2022OP/327/2022

Case brief

AI extract

What is this about?

In an original petition filed under Section 372 of the Indian Succession Act, the High Court of Madras granted a succession certificate to the applicant, the widow of the deceased, authorizing her to collect securities and receive dividends, after she proved intestate succession.

What did the court decide?

Succession certificate granted to the petitioner with power to collect securities, receive dividends and interest, and negotiate and transfer them.

C.B.Tamilselvi Vs No Respondent — Succession and Inheritance | Madras HC (2022)

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O.P.No.327 of 2022

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IN THE HIGH COURT OF JUDICATURE AT MADRAS

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DATED: 20.12.2022

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CORAM

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THE HONOURABLE MR.JUSTICE SENTHILKUMAR RAMAMOORTHY

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O.P.No.327 of 2022

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C.B.Tamilselvi

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... Petitioner

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PRAYER : Original Petition filed under Section372 of Indian Succession Ac in respect of securities belonging to the deceased G.Pradeepkumar (Act No.XXXIX of 1925) Read With Order XXV Rule 6 of O.S.Rules, that the Succession Certificate 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.

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For Petitioner : Mr.K.Ramanamoorthy

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https://www.mhc.tn.gov.in/judis

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O.P.No.327 of 2022

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ORDER

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The petitioner seeks issuance of a succession certificate in relation to

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the securities described in the schedule to the petition.

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The petitioner is the wife of the late G.Pradeep Kumar who passed away on 24.05.2021. The petitioner asserts that the deceased ordinarily resided at the address specified in paragraph 3 of the petition, which is within the jurisdiction of this Court. It is further asserted that the deceased died intestate and that no Will was found in spite of due and diligent search for the same. The petitioner further states that the mother of the deceased pre-deceased him and that the petitioner and the deceased did not have children.

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In order to establish entitlement to the relief claimed, the petitioner adduced evidence by examining herself as P.W.1. In course of the examination in chief of P.W.1, the 6 documents listed at the foot of this

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https://www.mhc.tn.gov.in/judis

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O.P.No.327 of 2022

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order were exhibited as Exs.P1 to P6. The death certificate of the late

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G.Pradeep Kumar discloses that he died on 24.05.2021. The said certificate also discloses his place of residence, which is within the jurisdiction of this Court. The legal heirship certificate in respect of G.Pradeep Kumar discloses the name of the petitioner as his wife / widow. It also discloses the name of the mother of the deceased and indicates that she pre-deceased him. The death certificate of the mother of the deceased is on record (Ex.P4). This document discloses that she died on 18.12.2017. The securities in respect of which the present petition is filed are evidenced by the statement of holdings issued by HDFC Bank Limited (Ex.P3). The paper publication effected in the Tamil daily MAKKAL KURAL is exhibited as Ex.P6.

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Based on the assertions in the petition and the evidence recorded in support thereof, the petitioner is entitled to succeed.

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Accordingly, O.P.No.327 of 2022 is allowed by granting the succession certificate to the petitioner in respect of the securities specified

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https://www.mhc.tn.gov.in/judis

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O.P.No.327 of 2022

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in the schedule to the petition with the power to collect the securities,

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receive dividends and interest thereon and negotiate and transfer the same.

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20.12.2022

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rna Index : Yes / No Internet : Yes / No

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Petitioner's witness:

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P.W.1 - Mrs.C.B.Tamilselvi.

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Documents exhibited by the petitioners:

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*Exhibits*	*Documents*
Ex.P1	Computergenerated death certificate of Mr.G.Pradeep Kumar.
Ex.P2	Computer generated Legal Heirship certificate of Mr.G.Pradeed Kumar.
Ex.P3	Photocopy of the statement of holding as on 04.09.2021 issued by the Branch Operations Manager, ITC Centre, HDFC Bank Limited. (Compared with the original)
Ex.P4	Computergenerated death certificate of B.Darika Kumari.
Ex.P5	Photocopyof myAadhaar card. (Compared with the original)
Ex.P6	Copy of paper publication effected in one issued of Tamil daily"Makkal Kural" dated 02.08.2022.

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https://www.mhc.tn.gov.in/judis

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O.P.No.327 of 2022

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SENTHILKUMAR RAMAMOORTHY,J

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rna

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O.P.No.327 of 2022

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O.P.No.327 of 2022

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https://www.mhc.tn.gov.in/judis

C.B.Tamilselvi v. No Respondent

Case brief

What is this about?

What did the court decide?

C.B.Tamilselvi v. No Respondent

Case brief

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