Allowed

G.Sankari and 2 Others v. No Respondent

Madras HC11 Jul 2023OP/34/2023

Case brief

AI extract

What is this about?

This Original Petition filed under Section 372 of the Indian Succession Act, 1925, sought issuance of a Succession Certificate for deceased Neelambal. The High Court examined evidence establishing the petitioners as sole class II legal heirs and granted the certificate to facilitate debt collection and transfer of securities.

What did the court decide?

Original Petition allowed; Succession Certificate issued to the petitioners with power to collect debts, receive interest, and transfer securities specified in the schedule in equal proportion.

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

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O.P.No.34 of 2023

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IN THE HIGH COURT OF JUDICATURE AT MADRAS

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DATED: 11.07.2023

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CORAM

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THE HONOURABLE MS.JUSTICE R.N.MANJULA O.P.No.34 of 2023

1.G.Sankari

2.G.Ramakrishnan

3.B.Nalini

… Petitioners

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 petitioners with powers to collect the debts and to receive interest on any specified in the schedule.

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For Petitioners : Mr.V.Chithra

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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 petitioners in respect of schedule mentioned securities of the deceased

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Neelambal .

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

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O.P.No.34 of 2023

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Tmt.Neelambal died intestate on 26.04.2021. The deceased got

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married to Mr.Lakshmanasamy and the couple has no issues. The husband

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and the parents of the deceased pre-deceased her. The petitioners are the brother and sisters of the deceased and they are class - II legal heirs. During her life time, the deceased created some movable asset out of her income. The succession certificate is required for the purpose of claiming the amount of Rs.4,34,587.85/- from the Indian Bank. There are no other legal heirs of the deceased except the petitioners herein. Therefore, there is no impediment

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in granting Succession Certificate in favour of the petitioners. Hence, 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 second petitioner examined himself as PW.1 and Ex.P1 to

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Ex.P11 were marked through him and they are listed as hereunder:

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*Exhibits*	*Documents*
Ex.P1	the original death certificate of

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O.P.No.34 of 2023

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*Exhibits*	*Documents* T.Lakshmanasamy.
Ex.P2	the original legal heirship certificate of T.Lakshmanasamy.
Ex.P3	the computer generated death certificate of G.Neelambal.
Ex.P4	the computer generated death certificate of M.R.Ganapathy.
Ex.P5	the original representation dated
	29.09.2021 given by the petitioners herein to the Tahsildar, Ayanavaram Taluk.
Ex.P6	the original rejection letter dated
	11.11.2021 issued by the Tahsildar,
	Ayanavaram Taluk addressed to the 2nd petitioner.
Ex.P7	the photocopy of the Aadhar Card of the 1stpetitioner.
Ex.P8	the photocopy of the Aadhar Card of the secondpetitioner.
Ex.P9	the photocopy of the Aadhar Card of the thirdpetitioner.
Ex.P10	the photocopy of the savings account bank
	passbook in Indian Bank, Dr.Alagappa
	Road Branch bearing Account
	No.410954519 held byG.Neelambal.
Ex.P11	the copyofpaperpublication effected in

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O.P.No.34 of 2023

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Exhibits Documents one issue of Tamil Daily "Makkal Kural" dated 30.03.2023.

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5. Ex.P3 is the death certificate of Neelambal who died on

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26 .04.2021. Ex.P2 shows that the petitioners alone are the legal heirs of the

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deceased. The petitioners who are the legal heirs have got the right to inherit the securities mentioned in the schedule equally among themselves. Since the deceased died intestate, 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

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petitioners, with power to collect the debts with interest and dividends on

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and negotiate and transfer the securities specified in the schedule to the

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Petition in equal proportion on payment of appropriate succession duty, if

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O.P.No.34 of 2023

not paid earlier.

1 1 .07.2023

Index :Yes/No gsk

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O.P.No.34 of 2023

R.N.MANJULA, J.

gsk

O.P.No.34 of 2023

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11.07.2023

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G.Sankari and 2 Others v. No Respondent

Case brief

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G.Sankari and 2 Others v. No Respondent

Case brief

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