Allowed

A.Ramajothi and 2 Others v. No Respondent

Madras HC17 Jul 2023OP/712/2022

Case brief

AI extract

What is this about?

The Madras High Court granted a succession certificate to the petitioners, who were the intestate legal heirs of the deceased. The certificate empowers the petitioners to collect securities, interest, dividends, and transfer them as per the schedule on payment of applicable duties.

What did the court decide?

The petition was allowed and a Succession Certificate was issued in favour of the petitioners with power to collect debts with interest and dividends, negotiate and transfer securities.

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

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O.P.No.712 of 2022

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IN THE HIGH COURT OF JUDICATURE AT MADRAS

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DATED: 17.07.2023

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CORAM

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THE HONOURABLE MS.JUSTICE R.N.MANJULA

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O.P.No.712 of 2022

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1.A.Ramajothi

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2.Muthu Sangameshwar 3.Arunadevi

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… Petitioners

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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 1 st petitioner with power to collect the securities and to receive the interest and dividends on and negotiate and transfer the securities as specified in the schedule hereto.

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For Petitioners : M/S.V.Sithannan

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ORDER

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The petition filed under section 372 of the Indian Succession Act, 1925 seeking issuance of Succession Certificate by the petitioners in respect

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of schedule mentioned securities of the deceased M.Bhubalakrishnan .

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

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The securities set out in the schedule of the petition belongs to one

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M.Bhubalakrishnan and he died on 09.06.2020. The 1 st petitioner is the wife

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

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O.P.No.712 of 2022

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and the petitioners 2 & 3 are the children of late M.Bhubalakrishnan. Since M.Bhubalakrishnan died intestate leaving behind the petitioners as his legal

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heirs, the petitioners have filed this petition to get the Succession Certificate

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in respect of the securities mentioned in the petition.

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3 . News paper publication effected. No objectors.

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4 . The 1 st petitioner examined herself as PW.1 and Ex.P1 to Ex.P14

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were marked through her and they are listed as hereunder:

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*Exhibits*		*Documents*
Ex.P1	The (com	photocopy of the petitioner's PAN card. pared with the original)
Ex.P2	The Agre Petit the o	photocopy of the Petitoner's Rental ement dated 01.08.2021 to disclose the ioner's residential address (compared with riginal)
Ex.P3	The Mr.B origi	photocopy of the Aadhar Card of hubalakrishnan ((compared with the nal)
Ex.P4	The dece the o	photocopy of the PAN Card of the ased Mr.Bhubalakrishnan (compared with riginal)
Ex.P5	The Mr.B	computer generated death certificate of hubalakrishnan
Ex.P6	The of M	Computer generated legal heir certificate r.Bhubalakrishnan.
Ex.P7	The 19.1 Mum held No.1	original statement of holding as on 0.2021 issued by IIFL Securities Limited, bai-93 in respect of shares and securities by Mr.M.Bhubalakrishnan in Client ID 1610082.

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O.P.No.712 of 2022

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*Exhibits*	*Documents*
Ex.P8	The original statement of holding as on 01.11.2021 issued by ICICI Bank Limited, Vellachery, Chennai-42 in respect of shares and securities held by Mr.M.Bhubalakrishnan in Client ID No.33908517.
Ex.P9	The photocopy of the petitioner's Aadhar Card (compared with the original)
Ex.P10	The Online print out of statement for the period 01.09.2021 to 30.09.2021 issued by NSDL in respect of Demate account held by me.
Ex.P11	The online print out of statement as on 12.10.2021 issued by ICICI Bank, Vellachery Branch in respect of savings bank passbook details held bythepetitioner.
Ex.P12	The photocopy of the power of attorney dated 04.02.2022 executed by 2 nd petitioner in the petitioner's favour (Compared with the original)
Ex.P13	The photocopy of the power of attorney dated 17.12.2021 executed by 3 rd petitioner in the petitioner's favour (Compared with the original)
Ex.P14	The copy of paper publication effected in one issue of Tamil Daily 'Makkal Kural' dated 17.02.2023.

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5 . Ex.P5 is the death certificate of M.Bhubalakrishnan who died on

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09.06.2020 and the legal heir certificate of the deceased is marked as Ex.P6

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and that would show that the petitioners alone are the legal heirs of the deceased. Since the deceased died intestate the petitioners who are the legal

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O.P.No.712 of 2022

R.N.MANJULA, J.

jrs

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 documentary evidence produced by the petitioners would

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prove their entitlement for the grant of Succession Certificate as prayed by them.

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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 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 petition in equal proportion on payment of appropriate succession duty, if it

not paid already.

1 7 .07.2023

jrs

Index :Yes/No

O.P.No. 712 of 2022

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A.Ramajothi and 2 Others v. No Respondent

Case brief

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A.Ramajothi and 2 Others v. No Respondent

Case brief

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