K.Rajeswari v. Nil
Case brief
What is this about?
The court granted a succession certificate to the legal heirs of the deceased C.Kothandan. Recognizing the petitioners as the sole heirs through a birth-certificate affidavit and legal-heirship certificate, the petition was allowed, subject to payment of duty.
What did the court decide?
Original petition allowed; succession certificate granted in favour of petitioners.
What the court decided
O.P.No.773 of 2021
O.P.No.773 of 2021
P.VELMURUGAN, J.
This Original petition has been filed for grant of succession certificate by the legal heirs of the deceased C.Kothandan who died on 12.09.2017 at Chennai.
- The first petitioner is the wife and the petitioners 2 to 4 are the children of the deceased C.Kothandan. As C.Kothandan died intestate, the petitioners who are the only legal heirs of the deceased have filed this petition for grant of Succession Certificate in their favour. The details of the securities for which the Succession Certificate is sought for, are furnished in the schedule to the petition and its value is Rs.39,09,380/-, according to the petitioners.
- The fourth petitioner who is the one of the sons of the deceased C.Kothandan has deposed as PW1 and filed his proof affidavit, before the learned Master in support of this petition for grant of succession certificate. Before the learned Master, the following documents were marked as Exhibits.
1/5
O.P.No.773 of 2021
| Exhibits | Nature of the documents |
|---|---|
| P1 | Computer generated death certificate of C.Kothandan |
| P2 | Computer generated Legal Heirship certificate of C.Kothandan |
| P3 | Computer generated statement of account and details dated 01.10.2019 issued by City Bank in respect of the savings bank account bearing account No.5342593447 and also in respect of demat account bearing account No.10149122 held by C.Kothandan |
| P4 | Computer generated statement of holding as on 30.05.2016 issued by the Royal Bank of Scotland N.V. in respect of demat account held by C.Kothandan in client ID No.10084883 |
| P5 | Copy of paper publication effected in one issue of Tamil daily “Makkal Kural” dated 21.02.2022 |
Issues for consideration
2 issues framed by the court
Whether a succession certificate should be granted to the legal heirs of the deceased.
Whether the petitioners satisfy the requirements for obtaining a succession certificate.
Parties & counsel
- petitioner
C.Kothandan legal heirs
Coram
P.VELMURUGAN
Case details
As recorded by the court registry
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