Court granted a succession certificate to petitioners S.Venkatesan and S.Chandra as Class II legal heirs of the deceased S.Sadagopan, allowing them to collect debts, securities, and transfer assets on payment of duty.
Issuance of succession certificate in favour of petitioners with power to collect debts, securities, and transfer specified assets equally.
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.216 of 2023
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 14.09.2023
CORAM
THE HONOURABLE MS.JUSTICE R.N.MANJULA O.P.No.216 of 2023
1. S.Venkatesan 2. S.Chandra
… Petitioners
Original Petition is filed under Section 372 of Indian Succession Act, 1925 r/w. Order XXV Rule 6 of the Madras High Court Original Side Rules,
to grant succession certificate in favour of the petitioners with the power to
collect the debts, securities and to receive the interest, dividends on and
negotiate and transfer the securities specified in the schedule hereto.
For Petitioners : Mr.S.Sathiyanarayanan
ORDER
This petition is filed under section 372 of the Indian Succession Act, 1925 r/w. Order XXV Rule 6 of the Madras High Court Original Side Rules,
seeking issuance of Succession Certificate to the petitioners with the power
to collect the debts, securities and to receive the interest, dividends thereon
and negotiate and transfer the securities specified in the schedule hereto.
1/5
O.P.No.216 of 2023
2.The averments in the petition are as follows:-
The petition mentioned movable assets like securities and bank balance were held by one S.Sadagopan. The said S.Sadagopan died as a bachelor on 17.05.2021. The petitioners are the brother and sister of S.Sadagopan. After the demise of S.Sadagopan, the petitioners, as his Class II legal heirs, are entitled to inherit the petition mentioned assets. Hence they have filed this petition seeking Succession Certificate.
to P13.
5. Paper publication issued in one issue of Tamily daily “Makkal Kural” dated 03.07.2023 did not attract any objectors.
2/5
O.P.No.216 of 2023
heirs
heirs have got the right to inherit the petition mentioned assets equally among themselves. The above documentary evidence produced by the petitioners would prove their entitlement for the grant of Succession Certificate as prayed.
7. Hence:
(a) The petition is ordered and
(b) The Succession Certificate shall be issued in favour of the
petitioners, with power to collect the debts and securities and to receive interest and dividends on and negotiate and transfer the securities specified
in the schedule equally among themselves on payment of appropriate succession duty, if it not paid already.
14.09.2023
bkn
3/5
O.P.No.216 of 2023
Witnesses examined:
P.W.1 – S.Venkatesan
Documents marked :
| Exhibits | Documents |
|---|---|
| Ex.P1 | Computer generated death certificate of S.Sadagopan |
| Ex.P2 | Photocopy of bank passbook of State Bank of India held by S.Sadagopan |
| Ex.P3 | Photocopy of bank passbook of Bank of India held by S.Sadagopan |
| Ex.P4 | Photocopy of letter dated 10.12.2021 sent by the first petitioner to the Tahsildar, Tambaram. |
| Ex.P5 | Photocopy of letter dated 07.01.2022 received by the first petitioner to the Tahsildar. |
| Ex.P6 | Photocopy of share certificate of United Spirits Limited in the name of S.Sadagopan |
| Ex.P7 | Photocopy of share certificate of McDowell Holdings Limited in the name of S.Sadagopan |
| Ex.P8 | Photocopies of share certificate of McDowell Holdings Limited in the name of S.Sadagopan |
| Ex.P9 | Photocopies of share certificate of ICICI Bank Limited standing in the name of S.Sadagopan |
| Ex.P10 | Photocopies of share certificate of Nagarjuna Oil Refinery Limited standing in the name of S.Sadagopan |
| Ex.P11 | Photocopies of share certificate of VLS Finance Limited Limited standing in the name of S.Sadagopan |
| Ex.P12 | Account statement for securities held in the Demat Form and investments in Mutual Funds in respect of S.Sadagopan |
| Ex.P13 | Paper publication dated 03.07.2023 |
bkn
14.09.2023
4/5
O.P.No.216 of 2023
R.N.MANJULA, J.
bkn
O.P.No. 216 of 2023
14.09.2023
5/5
1 issue framed by the court
Whether a succession certificate should be issued to the petitioners as Class II heirs of S. Sadagopan to collect debts and transfer securities.
2 provisions across 2 enactments
S.Venkatesan
S.Chandra
R.N. Manjula
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
