Allowed

M.Ramesh v. Sundari Mani and 2 others

Madras HC14 Jul 2023OP/584/2021

Case brief

AI extract

What is this about?

The Court issued a succession certificate to the petitioner over the shares of the deceased father, S. Mani, following intake of the legal heirship certificate and consents from the wife and survivor sons. The petitioner is now empowered to collect securities and receive dividends.

What did the court decide?

Succession certificate issued to the petitioner with power to collect securities, receive interest and dividends, and negotiate or transfer the specified securities.

M.Ramesh Vs Sundari Mani and 2 others — Succession and Inheritance | Madras HC (2023)

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O.P.No.584 of 2021

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IN THE HIGH COURT OF JUDICATURE AT MADRAS

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DATED: 14.07.2023

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CORAM

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THE HONOURABLE MS.JUSTICE R.N.MANJULA

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O.P.No.584 of 2021

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M.Ramesh … Petitioner

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1. Sundari Mani 2. Mani Shankar 3. M.Ramani ... Respondents

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Original Petition filed under Section 372 of the Indian Succession Act, 1925 r/w. Order XXV Rule 6 of the Madras High Court Original Side Rules, to grant succession certificate to the petitioner with power to collect the securities and to receive interest, dividends thereon and negotiate and transfer the securities specified in the schedule.

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For Petitioner : Mr.Niranjan Rajagopalan

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For Respondents : No appearance

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

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O.P.No.584 of 2021

ORDER

This petition is filed under Section 372 of the Indian Succession Act, 1925 r/w. Order XXV Rule 6 of the Madras High Court Original Side Rules, seeking issuance of Succession Certificate to the petitioner with power to collect the securities and to receive interests, dividends thereon and negotiate and transfer the securities specified in the schedule.

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

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The schedule securities are owned by the father of the petitioner by name S.Mani. The said S.Mani died intestate on 27.02.1995 leaving behind the petitioner and the respondents as his legal heirs. The first petitioner, second and third respondents are the sons and the first respondent is the wife of the deceased S.Mani. The wife and other sons of deceased S.Mani have given consent for grant of succession certificate in favour of the petitioner. Hence this petition has been filed by the petitioner for grant of succession certificate.

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3. The petitioner examined himself as P.W.1 and the following documents have been marked:

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

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O.P.No.584 of 2021

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*Exhibits*	*Documents*
P1	Computer generated death certificate of S.Mani
P2	Photocopy of the legal heirship certificate of Dr.S.Mani
P3	(Serial 3 Nos.) Photocopies of the share certificate of Kovai Medical Centre and Hospital Limited standing in the name of S.Mani (Compared with original)
P4	(Serial 3 Nos.) Photocopies of the consent affidavits of transmission of shares in favour of the petitioner along with no-objection letter given by the respondents (compared with the originals)
P5	Photocopy of the application dated 01.10.2020 for transmission of shares by the petitioner (Compared with the original)
P6	Photocopy of the rejection letter dated 09.10.2020 of GNSA Infotech Private Limited who is an agent of Kovai Medical Center and Hospital Limited (Compared with the original)
P7	Copy of paper publication effected in one issue of Tamil daily “Maalai Malar” dated 16.02.2022.
P8	Consent affidavit given by the first respondent
P9	Consent affidavit given by the second respondent
P10	Consent affidavit given by the third respondent

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4. The death certificate of S.Mani has been produced as Ex.P1 and from Ex.P2 - legal heirship it is seen that the petitioner and the respondents are the only legal heirs of the deceased. Ex.P3 would show that the deceased had owned shares in Kovai Medical Centre and Hospital Pvt. Ltd.

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5. The respondents have given their no-objection letter and they have

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been marked as Ex.P4. The consent affidavits of the respondents are marked

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as Exs.P8 to P10. Paper publication effected in one issue of Tamil daily

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O.P.No.584 of 2021

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“Maalai Malar” on 16.02.2022 attracted no objectors.

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6. Since the father of petitioner died intestate by leaving all the schedule securities, it necessitated the petitioner to file this petition for grant of succession certificate. Since the petitioner is the legal heir of the deceased S.Mani and the respondents have given consent in favour of the petitioner, I feel that the petitioner is entitled to the relief as claimed.

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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

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petitioner, with power to collect the securities and to receive interest and dividends thereon and negotiate and transfer the securities specified in the petition and schedule on payment of appropriate succession duty, if it not

paid already.

1 4 .07.2023

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Petitioner side witness:

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O.P.No.584 of 2021

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P.W.1 – M.Ramesh

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Documents marked by P.W.1 :

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*Exhibits*	*Documents*
P1	Computer generated death certificate of S.Mani
P2	Photocopy of the legal heirship certificate of Dr.S.Mani
P3	(Serial 3 Nos.) Photocopies of the share certificate of Kovai Medical Centre and Hospital Limited standing in the name of S.Mani (Compared with original)
P4	(Serial 3 Nos.) Photocopies of the consent affidavits of transmission of shares in favour of the petitioner along with no- objection letter given by the respondents (compared with the originals)
P5	Photocopy of the application dated 01.10.2020 for transmission of shares by the petitioner (Compared with the original)
P6	Photocopy of the rejection letter dated 09.10.2020 of GNSA Infotech Private Limited who is an agent of Kovai Medical Center and Hospital Limited (Compared with the original)
P7	Copy of paper publication effected in one issue of Tamil daily “Maalai Malar” dated 16.02.2022.
P8	Consent affidavit given by the first respondent
P9	Consent affidavit given by the second respondent
P10	Consent affidavit given by the third respondent

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bkn

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14.07.2023

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O.P.No.584 of 2021

R.N.MANJULA, J.

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O.P.No. 584 of 2021

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

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M.Ramesh v. Sundari Mani and 2 others

Case brief

What is this about?

What did the court decide?

M.Ramesh v. Sundari Mani and 2 others

Case brief

What is this about?

What did the court decide?

What the court decided

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Issues for consideration

Statutes considered

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