Allowed

R.Ranganayaki and Another v. No Respondent

Madras HC6 Jul 2023OP/750/2022

Case brief

AI extract

What is this about?

The High Court of Madras, in an original petition under Section 372 of the Indian Succession Act, 1925, granted a succession certificate to the petitioners, the wife and mother of the deceased, allowing them to collect debts, interest, dividends, and transfer securities in equal proportion.

What did the court decide?

Succession certificate issued in favor of the petitioners with power to collect debts, interest, dividends, and transfer specified securities in equal proportion.

R.Ranganayaki and Another Vs No Respondent — Succession and Inheritance | Madras HC (2023)

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O.P.No.750 of 2022

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IN THE HIGH COURT OF JUDICATURE AT MADRAS

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DATED: 06.07.2023

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CORAM

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THE HONOURABLE MS.JUSTICE R.N.MANJULA O.P.No.750 of 2022

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1. R.Ranganayaki 2. K.Sakunthala … Petitioners

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Original Petition filed under Section 372 of Indian Succession Act, 1925 r/w. Order XXV Rule 6 of the Madras High Court Original Side Rules,

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to grant succession certificate to the petitioners with the power to receive

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the securities, interest and dividends and negotiate and transfer of the scheduled shares hereto.

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For Petitioners : Mr.G.Perumal

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ORDER

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The 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,

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seeking issuance of Succession Certificate to the petitioner with power to collect the securities and to receive the interest and dividends and negotiate

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and transfer the securities specified in the schedule.

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O.P.No.750 of 2022

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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.K.Rajagopalan. The 1 st petitioner is the wife and the second petitioner is the mother of the deceased M.K.Rajagopalan. Since M.K.Rajagopalan died intestate leaving behind the petitioners as his legal heirs, the petitioners have filed this petition to get the Succession Certificate 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 first petitioner examined herself as PW.1 and Ex.P1 to Ex.P23

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were marked through her and they are listed as hereunder:

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*Exhibits*	*Documents*
Ex.P1	Computer generated Death certificate of M.K.Rajagopalan
Ex.P2	Computer generated legal heirship certificate of M.K.Rajagopalan
Ex.P3	Photocopy of first petitioner's Aadhar Card (Compared with the original)
Ex.P4	Photocopy of the Aadhar Card of the second petitioner (compared with the original)
Ex.P5	Photocopy of the share certificate in Housing Development Finance Corporation Limited bearing Certificate No.000008867 standing in the name of K.Raajagopalan Sharma

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O.P.No.750 of 2022

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*Exhibits*	*Documents*
Ex.P6	Photocopy of the Share certificate in Shriram Transport Finance company Limited bearing Certificate No.213020 standing in the name of K.Rajagopalan (compared with the original)
Ex.P7	Photocopy of the Share certificate in Shriram Transport Finance company Limited bearing Certificate No.213021 standing in the name of K.Rajagopalan (compared with the original)
Ex.P8	Photocopy of the Share certificate in Shriram Transport Finance company Limited bearing Certificate No.213022 standing in the name of K.Rajagopalan (compared with the original)
Ex.P9	Photocopy of the Share certificate in Shriram Transport Finance company Limited bearing Certificate No.213023 standing in the name of K.Rajagopalan (compared with the original)
Ex.P10	Photocopy of the Share certificate in Shriram Transport Finance company Limited bearing Certificate No.213024 standing in the name of K.Rajagopalan (compared with the original)
Ex.P11	Photocopy of the Share certificate in Shriram Transport Finance company Limited bearing Certificate No.213025 standing in the name of K.Rajagopalan (compared with the original)
Ex.P12	Photocopy of the Share certificate in Shriram Transport Finance company Limited bearing Certificate No.213026 standing in the name of K.Rajagopalan (compared with the original)
Ex.P13	Photocopy of the Share certificate in Shriram Transport Finance company Limited bearing Certificate No.213027 standing in the name of K.Rajagopalan (compared with the original)
Ex.P14	Photocopy of the Share certificate in Shriram Transport Finance companyLimited bearing

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*Exhibits*	*Documents*
	Certificate No.213028 standing in the name of K.Rajagopalan (compared with the original)
Ex.P15	Photocopy of the Share certificate in Shriram Transport Finance company Limited bearing Certificate No.603235 standing in the name of Rajagopalan Sharka K (compared with the original)
Ex.P16	Photocopy of the Share Certificate in Shriram Transport Finance Company Limited bearing Certificate No.6955 standing in the name of Raajagopalan Sharma K (compared with the original)
Ex.P17	Photocopy of the Share Certificate in Shriram Transport Finance Company Limited bearing Certificate No.11046 standing in the name of Raajagopalan Sharma K (compared with the original)
Ex.P18	Photocopy of the Share Certificate in TVS Motor Company Limited bearing Certificate No.6259 standing in the name of Raaja Gopalan Sharma K (compared with the original)
Ex.P19	Photocopy of the Share Certificate in TVS Motor Company Limited bearing Certificate No.17151 standing in the name of Raaja Gopalan Sharma K (compared with the original)
Ex.P20	Photocopy of the Share Certificate in TVS Motor Company Limited bearing Certificate No.17149 standing in the name of Raajagopalan Sharma K (compared with the original)
Ex.P21	Photocopy of the Share Certificate in TVS Motor Company Limited bearing Certificate No.010485 standingin the name of Raaja

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*Exhibits*	*Documents*
	Gopalan K (compared with the original)
Ex.P22	Photocopy of the Share Certificate in India Nippon Electricals Limited bearing Certificate No.382 standing in the name of K.Raaja Gopalan Sharma (compared with the original)
Ex.P23	Copy of paper publication effected in one issue of Tamil daily “Malai Murasu” dated 06.03.2023.

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5 . Ex.P1 is the death certificate of M.K.Rajagopalan who died on 22.06.2020. Ex.P2 is the computer generated legal heirship certificate of the deceased which would show that the petitioners alone are the legal heirs of the deceased. Since the deceased died intestate, the petitioners who are the

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legal 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 to them.

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6. The above documentary evidence produced by petitioners would

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

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O.P.No.750 of 2022

7 .Hence:

(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 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.

0 6 .07.2023

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Index :Yes/No

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O.P.No.750 of 2022

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Petitioner side witness:

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P.W.1 – Mrs.R.Ranganayaki

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Documents marked on the side of the petitioners :

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*Exhibits*			*Documents*
Ex.P1	Computer M.K.Rajag	generat opalan	ed Death certificate of
Ex.P2	Computer M.K.Rajag	generated opalan	legal heirship certificate of
Ex.P3	Photocopy with the ori	of first pet ginal)	itioner's Aadhar Card (Compared
Ex.P4	Photocopy (compared	of the Aad with the or	har Card of the second petitioner iginal)
Ex.P5	Photocopy Developme Certificate K.Raajagop	of the nt Financ No.00000 alan Shar	share certificate in Housing e Corporation Limited bearing 8867 standing in the name of ma
Ex.P6	Photocopy Transport Certificate K.Rajagopa	of the Finance No.2130 lan (comp	Share certificate in Shriram company Limited bearing 20 standing in the name of ared with the original)
Ex.P7	Photocopy Transport Certificate K.Rajagopa	of the Finance No.2130 lan (comp	Share certificate in Shriram company Limited bearing 21 standing in the name of ared with the original)
Ex.P8	Photocopy Transport Certificate K.Rajagopa	of the Finance No.2130 lan (comp	Share certificate in Shriram company Limited bearing 22 standing in the name of ared with the original)
Ex.P9	Photocopy Transport Certificate K.Rajagopa	of the Finance No.2130 lan (comp	Share certificate in Shriram company Limited bearing 23 standing in the name of ared with the original)

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*Exhibits*		*Documents*
Ex.P10	Photocopy of the Transport Finance Certificate No.2130 K.Rajagopalan (comp	Share certificate in Shriram company Limited bearing 24 standing in the name of ared with the original)
Ex.P11	Photocopy of the Transport Finance Certificate No.2130 K.Rajagopalan (comp	Share certificate in Shriram company Limited bearing 25 standing in the name of ared with the original)
Ex.P12	Photocopy of the Transport Finance Certificate No.2130 K.Rajagopalan (comp	Share certificate in Shriram company Limited bearing 26 standing in the name of ared with the original)
Ex.P13	Photocopy of the Transport Finance Certificate No.2130 K.Rajagopalan (comp	Share certificate in Shriram company Limited bearing 27 standing in the name of ared with the original)
Ex.P14	Photocopy of the Transport Finance Certificate No.2130 K.Rajagopalan (comp	Share certificate in Shriram company Limited bearing 28 standing in the name of ared with the original)
Ex.P15	Photocopy of the Transport Finance Certificate No.6032 Rajagopalan Sharka K	Share certificate in Shriram company Limited bearing 35 standing in the name of (compared with the original)
Ex.P16	Photocopy of the Transport Finance Certificate No.6955 Raajagopalan Sharma	Share Certificate in Shriram Company Limited bearing standing in the name of K (compared with the original)
Ex.P17	Photocopy of the Transport Finance Certificate No.1104 Raajagopalan Sharma	Share Certificate in Shriram Company Limited bearing 6 standing in the name of K (compared with the original)
Ex.P18	Photocopy of the S CompanyLimited	hare Certificate in TVS Motor bearingCertificate No.6259

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*Exhibits*	*Documents*
	standing in the name of Raaja Gopalan Sharma K (compared with the original)
Ex.P19	Photocopy of the Share Certificate in TVS Motor Company Limited bearing Certificate No.17151 standing in the name of Raaja Gopalan Sharma K (compared with the original)
Ex.P20	Photocopy of the Share Certificate in TVS Motor Company Limited bearing Certificate No.17149 standing in the name of Raajagopalan Sharma K (compared with the original)
Ex.P21	Photocopy of the Share Certificate in TVS Motor Company Limited bearing Certificate No.010485 standing in the name of Raaja Gopalan K (compared with the original)
Ex.P22	Photocopy of the Share Certificate in India Nippon Electricals Limited bearing Certificate No.382 standing in the name of K.Raaja Gopalan Sharma (compared with the original)
Ex.P23	Copy of paper publication effected in one issue of Tamil daily“Malai Murasu” dated 06.03.2023.

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06.07.2023

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R.N.MANJULA, J.

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O.P.No. 750 of 2022

06.07.2023

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

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R.Ranganayaki and Another v. No Respondent

Case brief

What is this about?

What did the court decide?

R.Ranganayaki and Another v. No Respondent

Case brief

What is this about?

What did the court decide?

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