Allowed

Muthu Krishnan Nagarajan v. Nil

Madras HC10 Mar 2022OP/652/2021

Case brief

AI extract

What is this about?

The Court ordered a grant of succession certificate to the petitioners, who are the Class-I legal heirs of Venkataraman Nagarajan. The deceased died intestate, leaving securities valued at Rs.23,38,640/-. The petitioners were empowered to collect securities, receive interest and dividends, and negotiate transfers.

What did the court decide?

Direction to grant Succession Certificate empowering petitioners to collect securities, receive interest/dividends, and negotiate transfers.

Muthu Krishnan Nagarajan Vs Nil — Succession and Inheritance | Madras HC (2022)

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O.P.No.652 of 2021

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O.P.No.652 of 2021

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P.VELMURUGAN, J.

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This Original petition has been filed under Section 372 of the Indian Succession Act, 1925 read with Order XXV Rule 6 of Original Side Rules, to grant succession certificate in favour of the petitioners.

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In the petition, it is stated that the deceased Venkataraman Nagarajan, ordinarily resided at A-1, Mahindra Apartments, New No.8, Old No.13, Jayammal Road, Teynampet, Chennai 600 018 died on 29.05.2010 and left the properties within the jurisdiction of this Court. The deceased died intestate and that due and diligent search has been made for a Will, none has been found. The deceased is the father of all the four petitioners. The deceased at the time of his death left behind the petitioners as his Class-I legal heirs. The wife and the parents of the deceased predeceased him. The petitioners are the legal heirs of the deceased, who claim to be entitled equal share in the estate of the deceased. The succession certificate is required for the purpose of transfer of the securities and to receive interest and dividends on negotiate and transfer the securities specified in the schedule for the value of Rs.23,38,640/-.

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Before the learned Master, the 1^st petitioner examined himself as P.W.1 and filed proof affidavit and also marked the following documents viz.,Exs.P1 to P7:

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

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O.P.No.652 of 2021

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*Exhibits*	*Nature of the documents*
P1	Computer generated Death certificate of Mr.V.Nagarajan
P2	Computer generated Death certificate of N.Saraswathi, wife of deceased.
P3	Photocopy of Legal Heirship Certificate dated 24.07.2014 in respect of N.Saraswathi
P4	Photocopy of the share certificate bearing certificate No.000016125 standing in the name of Venkatarama Nagarajan, issued by HDFC Limited.
P5	Photocopy of the share certificate bearing certificate No.2016504 standing in the name of Venkatarama Nagarajan, issued by Mahindra & Mahindra Limited.
P6	Photocopy of the share certificate bearing certificate No.424890 standing in the name of Venkatarama Nagarajan, issued by Mahindra & Mahindra Limited.
P7	Copy of paper publication effected in one issue of Tamil daily "Makkal Kural" dated 26.01.2022.

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From the evidence available on record, it is clear that Venkataraman Nagarajan died on 29.05.2010 at A-1, Mahindra Apartments, New No.8, Old No.13, Jayammal Road, Teynampet, Chennai 600 018, leaving behind the petitioners as his surviving legal heirs. To prove the same Ex.P1/Death Certificate of deceased, Ex.P2/Death Certificate of wife of deceased and Ex.P3/Legal Heirship certificate were marked.

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An averment has also been made in the petition that no application has been made to the District Court or delegate or to any High Court for Probate of any Will of the deceased or Letters of Administration with or without the Will annexed to his properties and credits. No application for Succession Certificate in respect of any debts or security

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

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O.P.No.652 of 2021

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belonging to the estate of the deceased has been made to any District Court or delegate or to any High Court.

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After giving due consideration to the averments contained in the petition as well as the Exhibits marked on the side of the petitioners, I am satisfied that the petitioners have succeeded the Estate of the deceased. Therefore, the petition is ordered as prayed for and a direction for grant of Succession Certificate to the petitioners with power to collect the securities and to receive interest, dividends thereon and negotiate and transfer the securities as specified in the schedule, is issued.

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10.03.2022

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

O.P.No.652 of 2021

P.VELMURUGAN, J.

O.P.No.652 of 2021

10.03.2022

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

Muthu Krishnan Nagarajan v. Nil

Case brief

What is this about?

What did the court decide?

Muthu Krishnan Nagarajan v. Nil

Case brief

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What did the court decide?

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