Allowed

D.Thaiyalnayagi and 2 Others v. No Respondent

Madras HC7 Aug 2023OP/138/2023

Case brief

AI extract

What is this about?

The High Court at Madras allowed a petition filed under Section 372 of the Indian Succession Act, 1925, granting a Succession Certificate to the second petitioner for movable assets, specifically securities, of the intestate, based on evidence of legal heirship and respondent consent.

What did the court decide?

The Succession Certificate shall be issued in favour of the second petitioner with power to collect securities, receive interest and dividends, and negotiate and transfer the securities specified in t

D.Thaiyalnayagi and 2 Others Vs No Respondent — Succession and Inheritance | Madras HC (2023)

¶1

O.P.No.138 of 2023

¶2

IN THE HIGH COURT OF JUDICATURE AT MADRAS

¶3

DATED: 07.08.2023

¶4

CORAM

¶5

THE HONOURABLE MS.JUSTICE R.N.MANJULA O.P.No.138 of 2023

¶6

1. D.Thaiyalnayagi 2. J.Jaganathan

¶7

3. J.Jayashri … Petitioners

¶8

Original Petition is filed under Section 372 of the Indian Succession Act, 1925 (Act XXIX of 1925) read with Order XXV Rule 6 of the Original Side Rules, to grant Succession Certificate to the second petitioner with power to collect the securities and receive the interest and dividends on and negotiate and transfer the securities specified in the Schedule hereto.

¶9

For Petitioners : Ms.S.R.Sumathy

¶10

ORDER

¶11

The petition has been filed under Section 372 of the Indian Succession Act, 1925 (Act XXIX of 1925) read with Order XXV Rule 6 of the Original Side Rules, to grant Succession Certificate to the second petitioner with the power to collect securities and receive the interest and dividends thereon, negotiate and transfer the securities specified in the Schedule thereto.

¶12

2. The petition mentioned movable assets in the form of securities 1/5

¶13

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

¶14

O.P.No.138 of 2023

¶15

were originally belonged to one Jayagopal Madras Govindasamy. The first petitioner is the wife and the second and third petitioners are the children of the deceased Jayagopal Madras Govindasamy. The said Jayagopal Madras Govindasamy died intestate on 28.01.2022 leaving behind the petitioners as his sole legal heirs. Hence the petitioners have filed this petition seeking succession certificate in respect of the petition mentioned securities.

¶16

The second petitioner examined himself as P.W.1 and Exs.P1 to P6 were marked.

¶17

4. The death certificate of Jayagopal Madras Govindasamy is marked as Ex.P1 and the legal heirship certificate of Jayagopal Madras Govindasamy which is marked as Ex.P2 would show that the petitioners are his only legal heirs. The first and third respondent have given their consent affidavit for issuing succession certificate in favour of the second petitioner.

¶18

Paper publication effected in one issue of Tamil daily “Makkal Kural” dated 24.06.2023 attracted no objectors.

¶19

6 . Since the deceased died intestate, the petitioners who are the legal 2/5

¶20

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

¶21

O.P.No.138 of 2023

¶22

heirs have got the right to inherit the securities mentioned in the schedule equally among themselves. The oral and documentary evidence produced by

¶23

the second petitioner would prove his entitlement for the grant of Succession Certificate in his favour.

¶24

7 .Hence:

¶25

(a) the petition is ordered and

¶26

(b) The Succession Certificate shall be issued in favour of the second

¶27

petitioner, with power to collect the securities and to receive the interest and dividends on and negotiate and transfer the securities specified in the

¶28

schedule to the petition on payment of appropriate succession duty, if not

paid already.

0 7 .08.2023

bkn

Index :Yes/No

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

3/5

O.P.No.138 of 2023

APPENDIX

Witness Examined:

¶38

P.W.1 – J.Jaganathan

¶39

Documents marked:

¶40

*Exhibits*	*Documents*
P1	Computer generated death certificate of Jayagopal Madras Govindasamy.
P2	Computer generated legal heirship certificate of Jayagopal Madras Govindasamy.
P3	Original statement of holding as on 20.04.2022 in respect of shares and securities held by Jayagopal M.G.bearing client ID No.41054082 issued by Geojt Financial Services Limited
P4	Consent affidavit given by the first petitioner
P5	Consent affidavit given by the third petitioner
P6	Copy of paper publication effected in one issue of Tamil daily “Makkal Kural” dated 24.06.2023.

¶41

bkn

¶42

07.08.2023

¶43

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

4/5

O.P.No.138 of 2023

R.N.MANJULA, J.

bkn

O.P.No.138 of 2023

07.08.2023

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

¶51

5/5

D.Thaiyalnayagi and 2 Others v. No Respondent

Case brief

What is this about?

What did the court decide?

D.Thaiyalnayagi and 2 Others v. No Respondent

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Statutes considered

Parties & counsel

Coram

Case details

Similar cases

Smt.Datchayani and 2 Others Vs Smt.S.Sumathi and Another

S.Naveenkumar Vs K.Preethi

S.Srilatha Vs S.Padmavathy and Another

Will of Y.S.Narayanamurthy Vs D.v.Lakshmi(Deceased)

M.R.Dilip Vs Mageshwari

Mohammed Saleem Vs Rmc Travellers Inn Pvt., Ltd. and 16 Others