Allowed

J.Naveen v. J.Nirmala and Another

Madras HC7 Sept 2023OP/394/2022

Case brief

AI extract

What is this about?

The Madras High Court allowed an original petition under Section 372 of the Indian Succession Act, 1925, for a succession certificate. The petitioner sought to collect debts, interest, and transfer securities owned by his deceased father. The court noted respondent consent. The certificate was issued subject to paying duty.

What did the court decide?

Succession Certificate issued in favour of petitioner with power to collect debts, interest, dividends and transfer specified securities.

J.Naveen Vs J.Nirmala and Another — Succession and Inheritance | Madras HC (2023)

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O.P.No. 394 of 2022

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IN THE HIGH COURT OF JUDICATURE AT MADRAS

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DATED: 07.09.2023

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CORAM

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THE HONOURABLE MS.JUSTICE R.N.MANJULA

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O.P.No. 394 of 2022

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J.Naveen … Petitioner

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Vs.

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1.J.Nirmala 2.J.Anitha . .. Respondents

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PRAYER : Original Petition filed under Section 372 of Indian Succession Act, 1925 and Order XXV Rule 6 of the Madras High Court Original Side Rules, prays that a Succession Certificate may be granted to the petitioner with the power to collect the securities and to receive interest, dividends thereon and negotiate and transfer the securities specified in the schedule hereunder.

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For Petitioner : M/S.KVP.Deepk Raj For Respondents : Mr.P.Wilson Topaz

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ORDER

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The petition filed under section 372 of the Indian Succession Act,

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1925 seeking issuance of Succession Certificate by the petitioner in respect of schedule mentioned securities of the deceased S.Janardhanan.

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

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

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O.P.No. 394 of 2022

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The petition mentioned securities were originally owned by the

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petitioner's father late S.Janardhanan. The 1 st respondent is the wife of S.Janardhanan and the 2 nd respondent is his daughter. S.Janardhanan died intestate on 08.08.2020. Since the petitioner is in need of Succession Certificate for transferring the shares in the name of legal heirs of the deceased father, he has filed this petition to seek Succession Certificate in respect of the securities mentioned in the petition.

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3 . The paper publication effected in one issue of Tamil daily 'Makkal Kural' dated 06.07.2023 did not attract any objectors.

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4 . The 1 st petitioner examined himself as PW.1 and Ex.P1 to Ex.P3 were marked through him.

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5 . Ex.P1 is the death certificate of S.Janardhanan and that would show that he died on 08.08.2020. Ex.P3 would show that the petition mentioned shares stood in the name of late S.Janardhanan. The legal heir certificate of the deceased is marked as Ex.P2 and that would show that the petitioner and the respondents 1 and 2 are the only surviving legal heirs of the deceased. The respondents 1 to 2 have given their consent affidavit in favour of the petitioner to issue the succession certificate.

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6 . Since S.Janardhanan died intestate, the petitioner and the

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respondents, who are his only surviving legal heirs are entitled to inherit the 2/5

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O.P.No. 394 of 2022

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securities themselves equally. In view of the consent given by the

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respondents 1 to 2 in favour of the petitioner the prayer sought by the

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petitioner for granting of Succession Certificate should be allowed.

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7. Hence:

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(a) the petition is ordered and

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(b) The Succession Certificate shall be issued in favour of the petitioner with a power to collect the debts with interest and dividends on and negotiate and transfer the securities specified in the schedule to the petition on payment of appropriate succession duty, if it not paid already.

07.09.2023

jrs

Index :Yes/No

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O.P.No. 394 of 2022

APPENDIX

Petitioner's witness:

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P.W.1 – Mr.J.Naveen

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Documents exhibited by the petitioner:

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*Exhibits*	*Documents*
Ex.P1	The online copy of the death certificate of Janardhanan died on 08.08.2020.
Ex.P2	The online copy of the legal heir certificate of Janardhanan dated 24.10.2020.
Ex.P3	The xerox copy of equity share certificate in the name of Janardhanan. (subject to proof and relevance)

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07.09.2023

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O.P.No. 394 of 2022

R.N.MANJULA, J

jrs

O.P.No. 394 of 2022

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07.09.2023

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J.Naveen v. J.Nirmala and Another

Case brief

What is this about?

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J.Naveen v. J.Nirmala and Another

Case brief

What is this about?

What did the court decide?

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