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Praveen Venkata Mellacheruvu v. No Respondent

Madras HC5 Sept 2023OP/242/2023

Case brief

AI extract

What is this about?

The High Court of Madras disposed of an original petition filed under Section 372 of the Indian Succession Act, 1925, and grants a Succession Certificate to the petitioner as the sole legal heir of the deceased with powers to collect debts and securities.

What did the court decide?

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

Praveen Venkata Mellacheruvu Vs No Respondent — Succession and Inheritance | Madras HC (2023)

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O.P.No.242 of 2023

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IN THE HIGH COURT OF JUDICATURE AT MADRAS

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DATED: 05.09.2023

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CORAM

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THE HONOURABLE MS.JUSTICE R.N.MANJULA O.P.No.242 of 2023

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Mr.Praveen Venkata Mellacheruvu

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… Petitioner

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PRAYER : Original Petition filed for Succession Certificate under Section 372 of Indian Succession Act, 1925 under Order XXV Rule 6 of Original Side Rules, prays that a Succession Certificate may be granted to the petitioner, son of the deceased, with the powers to collect the Debts and Securities and to receive interest and dividends on, transfer and Negotiate the said Securities as specified in the schedule.

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For Petitioner : Mr.K.Praveen

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ORDER

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This Original Petition has been filed under Section 372 of the Indian

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Succession Act, 1925 seeking issuance of Succession Certificate to the petitioner in respect of schedule mentioned securities and debts of the deceased M.Venkatasubramanyam.

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2.The averments in the Petition are as follows:-

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The petition mentioned securities and movable assets were originally

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belonged to one M.Venkatasubramanyam who died on 21.06.2019. The wife of M.Venkatasubramanyam also died on 16.12.2010. The petitioner is

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the son and only surviving legal heir of his deceased parents. There are no other legal heirs of the deceased except the petitioner herein. Therefore, there is no impediment to grant Succession Certificate in favour of the petitioner. Since Succession Certificate is required to transmit the securities and debts owned by the deceased, to the name of the petitioner , he has come

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out with this Petition and prayed for the issuance of Succession Certificate.

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3 . Paper publication effected. There is no objector.

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4 . The petitioner examined himself as P.W.1 and Ex.P1 to Ex.P11 were marked.

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5. Ex.P1 is the death certificate of M.Venkatasubramanyam who died on 21.06.2019 and the legal heir certificate of the deceased is marked as Ex.P2. Ex.P2 shows that the petitioner alone is the legal heir of the deceased. Since the deceased died intestate, the petitioner who is the only

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O.P.No.242 of 2023

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surviving legal heir, has got the right to inherit the securities and debts

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mentioned in the schedule. Therefore, the petitioner has filed this Petition for grant of Succession Certificate.

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6. The above oral and documentary evidence produced by the

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petitioner would prove his entitlement for the grant of Succession Certificate as prayed by him.

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7. Hence:

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(a) this Original Petition is ordered and

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

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

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the schedule to the Petition in equal proportion on payment of appropriate

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succession duty, if not paid earlier.

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05.09.2023

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Index :Yes/No gsk

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O.P.No.242 of 2023

APPENDIX

Petitioner's Witness:

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P.W.1 – Mr.Praveen Venkata Mellacheruvu

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Documents marked:

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*Exhibits*	*Documents*
Ex.P1	The computer generated death	certificate of
	M.Venkatasubramanyam.
Ex.P2	The computer generated legal heirship M.Venkatasubramanyam.	certificate of
Ex.P3	The online printout of statement of holding for 01.09.2022 to 30.09.2022 issued by NSDL in and securities held byM.Venkatasubramanyam	the period from respect of shares .
Ex.P4	The photocopy of the savings bank passbook No.660401500010 in ICICI Bank, Pandy standingin the name of M.Venkatasubramanya	bearing Account Bazaar Branch m.
Ex.P5	The photocopy of the savings bank passbook No.60032010041898 in Syndicate Bank, standingin th name of M.Venkatasubramanya	bearing Account T.Nagar Branch m.
Ex.P6	The photocopy of the savings bank passbook No.1213155000135023 in the Karur Vysya	bearing Account Bank Limited,
	T.Nagar Branch, standing in the	name of
	M.Venkatasubramanyam and Mrs.Vasantha La	kshmi.M.
Ex.P7	The photocopy of the Term Deposit Advice in Bank, T.Nagar Branch, bearing No.1945542 name of M.Venkatasubramanyam.	the Karur Vysya standing in the
Ex.P8	The photocopy of the deposit receipt in Indian T.Nagar Branch, bearingNo.550557 standing	Overseas Bank, in the name of

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O.P.No.242 of 2023

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Exhibits

*Exhibits*	*Documents*
	M.Venkatasubramanyam.
Ex.P9	The photocopy of the Deposit Receipt in Indian Overseas Bank,
	T.Nagar Branch, bearing No.550558 standing in the name of M.Venkatasubramanyam.
Ex.P10	The copy of paper publication effected in one issue of Tamil daily“Makkal Kural” dated 12.07.2023.
Ex.P11	The certificate filed by the petitioner under Section 65 B of the Indian Evidence Act.

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R.N.MANJULA, J.

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Praveen Venkata Mellacheruvu v. No Respondent

Case brief

What is this about?

What did the court decide?

Praveen Venkata Mellacheruvu v. No Respondent

Case brief

What is this about?

What did the court decide?

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