Allowed

Vakuladevi L Narasimhan and 4 Others v. No Respondent

Madras HC18 Aug 2023OP/263/2023

Case brief

AI extract

What is this about?

Original petition filed by Tmt. Vakuladevi L Narasimhan and others for issuance of a Succession Certificate regarding securities inherited from deceased R. Lakshmi Narasimhan. The single judge granted the petition.

What did the court decide?

Succession Certificate issued in favour of the first petitioner with power to collect securities with interest and dividends and to transfer or negotiate the specified securities.

Vakuladevi L Narasimhan and 4 Others Vs No… — Succession and Inheritance | Madras HC (2023)

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O.P.No.263 of 2023

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IN THE HIGH COURT OF JUDICATURE AT MADRAS

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DATED: 18.08.2023

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CORAM

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THE HONOURABLE MS.JUSTICE R.N.MANJULA O.P.No.263 of 2023

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1.Tmt.Vakuladevi L Narasimhan

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2.P.L.Priyanka 3.P.L.Kushal 4.Ranga Reddy Pelluru 5.P.R.Lalithah

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… Petitioners

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PRAYER : Original Petition filed for Succession Certificate under Section

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372 of Indian Succession Act, 1925 under Order XXV Rule 6 of Original

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Side Rules, prays that a Succession Certificate may be granted to the first

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petitioner with the powers to collect the Securities and to receive interest and dividends on, transfer and Negotiate the said Securities as specified in the schedule.

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For Petitioners : Ms.K.P.Uma Maheswari

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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 first

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petitioner in respect of schedule mentioned securities of the deceased

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R.Lakshmi Narasimhan.

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

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The petition mentioned assets were originally belonged to one R.Lakshmi Narasimhan who is the husband of the first petitioner, father of the petitioners 2 and 3 and the son of the petitioners 4 and 5. The said R.Lakshmi Narasimhan died intestate on 05.08.2001 leaving behind the petitioners as his legal heirs. There are no other legal heirs of the deceased except the petitioners herein. The petitioners 2 to 5 have filed consent affidavits for granting Succession Certificate in favour of the first petitioner. Therefore, there is no impediment in granting Succession Certificate in favour of the first petitioner. H ence, for the purpose of transmitting the securities mentioned in the schedule to the name of the petitioners, they have come 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 first petitioner examined herself as PW.1 and Ex.P1 to Ex.P9

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O.P.No.263 of 2023

were marked.

5. Ex.P1 is the death certificate of R.Lakshmi Narasimhan who died

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on 05.08.2001 and the legal heir certificate of the deceased is marked as

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Ex.P2. Ex.P2 shows that the petitioners alone are the legal heirs of the deceased. Ex.P3 to P6 are the consent affidavits of the petitioners 2 to 5. Since the deceased died intestate, the petitioners who are the legal heirs have got the right to inherit the securities mentioned in the schedule equally among themselves. Therefore, the petitioners have filed this Petition for grant of Succession Certificate.

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6. The above oral and documentary evidence produced by the petitioners would prove their entitlement for the grant of Succession Certificate as prayed by them.

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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 first

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petitioner, with power to collect the securities with interest and dividends

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on and negotiate and transfer the securities specified in the schedule to the https://www.mhc.tn.gov.in/judishttps://www.mhc.tn.gov.in/judis

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O.P.No.263 of 2023

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Petition on payment of appropriate succession duty, if not paid earlier.

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18.08.2023

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Index :Yes/No gsk

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O.P.No.263 of 2023

APPENDIX

Petitioners' Witness:

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P.W.1 – Mrs.Vakuladevi L Narasimhan

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Documents marked:

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*Exhibits*	*Doc*	*uments*
Ex.P1	The photocopy of the dea Narasimhan.	th certificate of Mr.R.Lakshmi
Ex.P2	The photocopy of the Mr.R.Lakshmi Narasimhan.	legal heirship certificate of
Ex.P3	The consent affidavitgiven	bythe second petitioner.
Ex.P4	The consent affidavitgiven	bythe third petitioner.
Ex.P5	The consent affidavitgiven	bythe fourth petitioner.
Ex.P6	The consent affidavitgiven	bythe fifth petitioner.
Ex.P7	The photocopy of the Extrusiontechnik Limited certificate No.0100862 w Mr.R.Lakshmi Narasimhan.	share certificate of Kabra bearing folio No.0022770 and hich stands in the name of
Ex.P8	The photocopy of the Extrusiontechnik Limited certificate No.0101814 w Mr.R.Lakshmi Narasimhan.	share certificate of Kabra bearing folio No.0022770 and hich stands in the name of
Ex.P9	The copy of the paper publ Tamil Daily“Malai Murasu	ication effected in one issue of ” dated 22.07.2023.

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18.08.2023

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gsk

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R.N.MANJULA, J.

gsk

O.P.No.263 of 2023

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18.08.2023

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Vakuladevi L Narasimhan and 4 Others v. No Respondent

Case brief

What is this about?

What did the court decide?

Vakuladevi L Narasimhan and 4 Others v. No Respondent

Case brief

What is this about?

What did the court decide?

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