Allowed

Kamala Vasudevan and Another v. Priyanka Vasudevan

Madras HC27 Jul 2022OP/693/2021

Case brief

AI extract

What is this about?

This petition seeks a succession certificate for the estate of deceased A.Vasudevan. The court found the petitioners and respondent to be the only legal heirs. Upon examining evidence including death certificate, heirship certificate, and consent affidavit, the court granted the succession certificate to the petitioners.

What did the court decide?

Succession Certificate granted to the petitioners with power to collect debts, receive interest and dividends, and transfer securities specified in the schedule.

Kamala Vasudevan and Another Vs Priyanka Vasudevan — Succession and Inheritance | Madras HC (2022)

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O.P.No.693 of 2021

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O.P.No.693 of 2021

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KRISHNAN RAMASAMY.J.,

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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.

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2.It is the case of the petitioners that the first petitioner is the wife of deceased A.Vasudevan and the second petitioner is the elder daughter of the deceased A.Vasudevan. The respondent is the younger daughter of deceased A.Vasudevan. During his life time, he invested in shares morefully described in the schedule to the petition. The petitioners and the respondent herein are the only Class – I legal heirs of deceased A.Vasudevan, who died intestate on 18.04.2020. The petitioners are filing this petition for grant of Succession Certificate in favour of them. The total

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amount of the assets value will be for a sum of Rs.42,42,169/-.

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It is further stated that the other than the petitioners and

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

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O.P.No.693 of 2021

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respondent, there are no other relatives to succeed the estate as legal heirs. Therefore, the petitioners and the respondent are entitled for share in the estate of the said deceased A.Vasudevan.

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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 favour of them with power to collect securities and to receive interest, dividends thereon and negotiate and transfer the securities specified in the petition schedules.

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In order to prove their case, Ms.Archana Karthick, the second petitioner herein, is examined as PW.1 and marked Exs.P1 to P7. Ex.P1 is the computer generated death certificate of A.Vasudevan. Ex.P2 is the computer generated Legal Heirship certificate in respect of Arunachalam Vasudevan. Ex.P3 is the photocopy of the second petitioner's Aadhar Card. Ex.P4 is the photocopy of her PAN carad. Ex.P5 is the computer generated statement of holding as on 16.03.2021 issued by YES Bank in respect of

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

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O.P.No.693 of 2021

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shares and securities held by A.Vasuderan in client ID.No.80035144. Ex. P6 is the consent affidavit given by the respondent. Ex.P7 is the copy of paper publication effected in one issue of Tamil daily “Makkal Kural” dated 23.03.2022. Despite the paper publication also, none has appeared and raised their objections. The respondent has filed consent affidavit, which

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was marked as Ex.P6, stating that she has no objection for grant of Succession certificate in favour of the petitioners.

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Considering the averments made in the petition and the evidence tendered by PW.1 along with the documents marked as Exs.P1 to P7, this Court is satisfied that the petitioners and respondent have succeeded for the Estate of the deceased A.Vasudevan. Therefore, the petition is ordered as prayed for and a direction for grant of Succession Certificate to the petitioners with power to collect the debts and to receive the interest and dividends on and negotiate and transfer the securities specified in the schedule, is issued.

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

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O.P.No.693 of 2021

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KRISHNAN RAMASAMY.J.,

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7.Accordingly, the petitioners are entitled for the relief as prayed for

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by the petitioners and this Original Petition stands allowed.

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27.07.2022

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O.P.No.693 of 2021

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

Kamala Vasudevan and Another v. Priyanka Vasudevan

Case brief

What is this about?

What did the court decide?

Kamala Vasudevan and Another v. Priyanka Vasudevan

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Statutes considered

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