Original Petition filed under Section 372 of the Indian Succession Act, 1925 for issuance of a Succession Certificate to the first petitioner in respect of securities belonging to the deceased. Court allowed the petition.
Succession Certificate granted to the first petitioner in respect of the securities described in the schedule to the petition.
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.
O.P.No.425 of 2022
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 15.12.2022
CORAM
THE HONOURABLE MR.JUSTICE SENTHILKUMAR RAMAMOORTHY
O.P.No.425 of 2022
1.M.Tarakanwar
PRAYER : Original Petition filed under Section 372 of Indian Succession Act, 1925 r/w Order XXV, Rule 6 of O.S.Rules, 1956, to issue the Succession Certificate in the name of the first petitioner i.e. Tarakanwar with power to collect the Securities and to receive the interest and dividends and negotiate and transfer the securities specified in the schedule hereto.
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O.P.No.425 of 2022
For Petitioners : Mr.M.Chandru
O R D E R
The petitioners seek issuance of a Succession Certificate in
favour of the first petitioner in relation to the securities described in the schedule to the petition.
2. The petitioners state that the succession certificate is prayed
for in relation to the assets of the late Mr.M.Mahaveer Chand Jain, who died
on 30.08.1990 at the address specified in para No.1 of the petition.
3. The first petitioner is the wife of the deceased and the
remaining five petitioners are the children of the deceased.
4. The petitioners adduced evidence by examining the first
petitioner as PW1. In course of the examination in chief of PW1, the 10 documents listed at the foot of this order were exhibited as Exs.P1 to P10.
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O.P.No.425 of 2022
5. The death certificate of the deceased discloses that he died
on 30.08.1990. The said document also indicates the place of death and place of residence. The legal heirship certificate is on record (Ex.P2). This documents contains the names of the six petitioners, who are the Class-I legal heirs of the deceased. The Aadhaar Card of all these petitioners were exhibited as proof of identity and residence identified as Exs.P4 to P9.
6. In relation to the relevant securities, a communication from
the Company in relation to the grant of interim dividends is enclosed (Ex.P3). Paper Publication was effected in one issue of Tamil Daily “Makkal Kural” (Ex.P10).
7. On the basis of the assertions in the petition and the evidence recorded in support of the same, the petitioners are entitled to succeed. Accordingly, OP.No.425 of 2022 is allowed by granting the Succession Certificate to the first petitioner in respect of the securities described in the schedule to the petition. Consequently, the first petitioner is
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O.P.No.425 of 2022
entitled to collect the securities and to receive interest and dividends and
negotiate and transfer the same.
15.12.2022
dna Index : Yes / No Internet : Yes /No
Petitioner's witness:
P.W.1 – Mrs.M.Tarakanwar
Documents exhibited by the petitioners:
| Exhibit Nos. |
Description |
|---|---|
| Ex.P1 | The computer generated death certificate of M.Mahaveera Chandjai Kankarria. |
| Ex.P2 | The photocopy of the Legal heir ship Certificate of M.Mahaveera Chandjai Kankarria (Compared with the original) |
| Ex.P3 | The photocopy of the Dividend Warrant of Hindustan Unilever Limited bearing No.15415004 in respect of the shares held by M.Mahaveer Chand Jain (Compared with the original) |
| Ex.P4 | The photocopy of my Aadhaar card (Compared with the original) |
| Ex.P5 | The photocopy of my Aadhaar card of the 2ndpetitioner (Compared with the original) |
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O.P.No.425 of 2022
| Exhibit Nos. |
Description |
|---|---|
| Ex.P6 | The photocopy of my Aadhaar card of the 3rdpetitioner (Compared with the original) |
| Ex.P7 | The photocopy of my Aadhaar card of the 4thpetitioner (Compared with the original) |
| Ex.P8 | The photocopy of my Aadhaar card of the 5thpetitioner (Compared with the original) |
| Ex.P9 | The photocopy of my Aadhaar card of the 6thpetitioner (Compared with the original) |
| Ex.P10 | The copy of paper publication effected in one issue of Tamil daily“Makkal Kural”dated 29.09.2022. |
15.12.2022
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O.P.No.425 of 2022
SENTHILKUMAR RAMAMOORTHY,J
dna
O.P.No.425 of 2022
15.12.2022
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1 issue framed by the court
Whether the petitioners are entitled to the issuance of a Succession Certificate in relation to the securities of the deceased.
1 provisions across 1 enactments
M.Tarakanwar
M.Ramesh Kumar Kankaria
M.Prakash Kankaria
M.Subhash Kankaria
Dilkush
Mallikumari
Senthilkumar Ramamoorthy
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
