Allowed

M.v.Rajaram v. No Respondent

Madras HC10 Aug 2023OP/40/2023

Case brief

AI extract

What is this about?

One Original Petition filed for issuance of Succession Certificate under Section 372 of the Indian Succession Act, 1925. The petitioner, sole son of an intestate deceased, sought a certificate to collect debts and transfer securities. The court allowed the petition granting the certificate based on documentary evidence.

What did the court decide?

Succession Certificate issued in favour of the petitioner with power to collect debts, receive interest and dividends, and negotiate/transffer securities specified in the schedule.

M.v.Rajaram Vs No Respondent — Succession and Inheritance | Madras HC (2023)

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O.P.No.40 of 2023

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IN THE HIGH COURT OF JUDICATURE AT MADRAS

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DATED: 10.08.2023

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CORAM

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THE HONOURABLE MS.JUSTICE R.N.MANJULA O.P.No.40 of 2023

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M.V.Rajaram

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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 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 Petitioner : Mr.S.Venkatesan

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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 of the deceased N.Venkataramanan.

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

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O.P.No.40 of 2023

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

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The securities detailed in the Petition is belonging to one

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N.Venkataramanan who died intestate on 26.09.2017. The wife of

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N.Venkataramanan by name Janaki also predeceased N.Venkataramanan. The petitioner is the only son of the deceased N.Venkataramanan. There are

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no other legal heirs of the deceased except the petitioner herein. Therefore, there is no impediment in granting Succession Certificate in favour of the petitioner. Hence, for the purpose of transmitting the securities mentioned in the schedule to the name of the petitioner, he has 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 petitioner examined himself as PW.1 and Ex.P1 to Ex.P6 were

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marked through him and they are listed as hereunder:

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*Exhibits*	*Doc*	*uments*
Ex.P1	The computer	generated death
	certificate of Mr.N	.Venkataraman.
Ex.P2	The computer	generated death
	certificate of Mrs.	V.Janaki.

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

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O.P.No.40 of 2023

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*Exhibits*	*Documents*
Ex.P3	The computer generated legal heir certificate of N.Venkataramanan.
Ex.P4	The photocopies of the share
	certificates of Apollo Hospitals
	Enterprise Ltd. standing in the name of N.Venkataramanan and V.Janaki.
Ex.P5	The photocopy of the statement of
	holding dated 12.12.2018 issued by
	Stock Holding Corporation of India Ltd
	regarding the shares held by
	N.Venkataramanan.
Ex.P6	The copy of paper publication effected in one issue of Tamil daily “Makkal
	Kural” dated 15.04.2023.

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5. Ex.P1 is the death certificate of N.Venkataramanan who died on 26 .09.2017 and Ex.P2 is the death certificate of V.Janaki. The legal heir

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certificate of the deceased is marked as Ex.P3 and it shows that the petitioner alone is the legal heir of the deceased. Since the deceased died intestate, the petitioner who is his legal heir has got the right to inherit the securities mentioned in the schedule. Therefore, the petitioner has filed this

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Petition for grant of Succession Certificate.

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

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O.P.No.40 of 2023

R.N.MANJULA, J.

gsk

6. The above oral and documentary evidence produced by the 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 with interest and dividends on

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and negotiate and transfer the securities specified in the schedule to the Petition in equal proportion on payment of appropriate succession duty, if not paid earlier.

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1 0 .08.2023

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Index :Yes/No gsk

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O.P.No.40 of 2023

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

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M.v.Rajaram v. No Respondent

Case brief

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M.v.Rajaram v. No Respondent

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