Allowed

Tamilselvi and 3 Others v. No Respondent

Madras HC7 Feb 2023OP/404/2022

Case brief

AI extract

What is this about?

The High Court of Madras granted a succession certificate to the first petitioner, who along with three others are legal heirs of a deceased husband. The petition was filed under Section 372 of the Indian Succession Act, 1925, after establishing intestacy and presenting documentary evidence of heirship and title.

What did the court decide?

Succession certificate granted to the first petitioner to collect securities, receive interest and dividends, and negotiate and transfer the same.

Tamilselvi and 3 Others Vs No Respondent — Succession and Inheritance | Madras HC (2023)

¶1

O.P.No.404 of 2022

¶2

IN THE HIGH COURT OF JUDICATURE AT MADRAS

¶3

DATED: 07.02.2023

¶4

CORAM

¶5

THE HONOURABLE MR.JUSTICE SENTHILKUMAR RAMAMOORTHY

¶6

O.P.No.404 of 2022

1.Tamilselvi

2.Thangamalar

3.Vijayakumar

4.Vinothkumar ... Petitioners

¶11

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

¶12

For Petitioners : Ms.R.Srinithi for KNS Law Chambers

¶13

¶14

1/6

¶15

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

¶16

O.P.No.404 of 2022

¶17

ORDER

¶18

The petitioners have prayed for the grant of a succession certificate to the first petitioner in respect of the securities listed in the schedule to this petition.

¶19

The petitioners state that the husband of the first petitioner and the father of the second to fourth petitioners died intestate on 28.08.2020. It is further stated that he ordinarily resided at the address specified in paragraph 1 of the petition, which is within the jurisdiction of this Court.

¶20

The petitioners assert that they are the only class-I legal heirs and

¶21

have, therefore, presented this petition for issuance of the succession certificate. They further state that in spite of a diligent search, a Will was not found.

¶22

In order to establish entitlement to the relief claimed, the petitioners

¶23

2/6

¶24

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

¶25

O.P.No.404 of 2022

¶26

adduced evidence by examining the first petitioner as P.W.1. In course of the examination in chief of P.W.1, the 10 documents listed at the foot of this order were exhibited as Exs.P1 to P10. The death certificate of Mr.H.Vasanthakumar (Ex.P1) discloses that he died on 28.08.2020. The address of the deceased is specified therein and the said address is within the jurisdiction of this Court. The legal heirship certificate in respect of Mr.H.Vasanthakumar (Ex.P2) discloses the names of the four petitioners as his class-I legal heirs. As evidence of title of the deceased to the securities listed in the schedule of the petition, Exs.P3 to P6 are placed on record. The consent affidavits of the second to fourth petitioners are on record as Exs.P7 to P9. Paper publication was effected (Ex.P10).

¶27

Based on the assertions in the petition and the evidence recorded in support thereof, the petitioners are entitled to the relief claimed.

¶28

Accordingly, O.P.No.404 of 2022 is allowed by granting a succession certificate to the first petitioner in respect of the securities specified in the schedule to the petition. Consequently, the first petitioner

¶29

3/6

¶30

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

¶31

O.P.No.404 of 2022

¶32

shall be entitled to collect the securities, receive interest and dividends thereon, and negotiate and transfer the same.

¶33

07.02.2023

¶34

rna Index : Yes / No Internet : Yes / No Petitioner's witness:

¶35

P.W.1 - Mrs.Tamilselvi

¶36

Documents exhibited by the petitioners:

¶37

*Exhibits*	*Documents*
Ex.P1	Computergenerated Death certificate of Mr.H.Vasanthakumar.
Ex.P2	Computer generated Legal Heirship certificate of Mr.Vasanthakumar.
Ex.P3	Photocopy of the share certificate of Tamilnadu Mercantile Bank Limited standing in the name of Mr.H.Vasanthakumar (Compared with the original).
Ex.P4	Photocopy of the FIR in No.436 of 2021 dated 14.10.2021 (Compared with the original).
Ex.P5	Photocopy of the Non Traceable Certificate dated 13.11.2021 issued by the R1 Mambalam Police Station (Compared with the original).
Ex.P6	Photocopy of the letter dated 11.12.2021 addressed to me by Link Intime Private Limited askingfor succession certificate

¶38

4/6

¶39

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

¶40

O.P.No.404 of 2022

¶41

*Exhibits*	*Documents*
	(Compared with the original).
Ex.P7	Consent affidavitgiven bythe secondpetitioner.
Ex.P8	Consent affidavitgiven bythe thirdpetitioner.
Ex.P9	Consent affidavitgiven bythe fourthpetitioner.
Ex.P10	Copy of paper publication effected in one issue of Tamil daily "Maalai Malar" dated 21.10.2022.

¶42

5/6

¶43

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

¶44

O.P.No.404 of 2022

¶45

SENTHILKUMAR RAMAMOORTHY,J

¶46

rna

¶47

O.P.No.404 of 2022

¶48

07.02.2023

¶49

6/6

¶50

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

Tamilselvi and 3 Others v. No Respondent

Case brief

What is this about?

What did the court decide?

Tamilselvi and 3 Others v. No Respondent

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Statutes considered

Parties & counsel

Coram

Case details

Similar cases

Dr.R.Ravishankar Vs Geetha Ravi

E.Sundaraj Vs S.Udaya Kumari and 9 Others

Smt. G.Alamelu Vs Kanniammal alias K. Rajeswari

Mr. Arun., Vs Mr. V.S. Ranganathan. (Died) 1.Mrs.Chitra and another

R.Karthikeyan Vs R.Ilango and 3 Others

Mrs.Yamini Murugan Vs P.Lakshmi Priya