Allowed

B.Premchand and 10 others v. No Respondent

Madras HC11 Dec 2024OP/363/2024

Case brief

AI extract

What is this about?

Legal heirs of a woman who died intestate in Chennai sought a succession certificate over her shares and securities. The sole surviving son proved death and heirship through certificates and consent affidavits of co-heirs. The court granted the succession certificate to the first petitioner with an account-filing condition.

What did the court decide?

Succession Certificate issued to the first petitioner in respect of securities described in the schedule; accounts to be filed within six months.

B.Premchand and 10 others Vs No Respondent — Succession and Inheritance | Madras HC (2024)

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O.P.No.363 of 2024

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IN THE HIGH COURT OF JUDICATURE AT MADRAS

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Reserved on : 04.12.2024 Pronounced on : 11.12.2024

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Coram:

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THE HONOURABLE Dr. JUSTICE G.JAYACHANDRAN

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Original Petition No.363 of 2024

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1.B.Premchand 2.P.Kousalya Kanwar 3.Sunitha Srinivasan 4.P.Rajesh Gulecha 5.P.Rakesh Kumar 6.Santha 7.Aswin Kumar 8.Madan Kumar 9.Vasantha 10.Reshma Jain 11.Deepak Kumar ... Petitioners

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Prayer: Original Petition has been filed under Sections 372 of Indian Succession Act(39) of 1925 read with Order XXV Rule 6 of Original Side Rules that pleased to grant succession certificate to the 1 st petitioner with power to collect the securities and to receive the interest and dividends thereon, and negotiate and transfer the securities specified in the schedule hereunder.

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For Petitioners : Mr.T.K.S.Bharathy Anandraj

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O R D E R

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The Original Petition has been filed under Section 372 of Indian Succession

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Act 1925 read with Order XXV Rule 6 of Original Side Rules for issuance of a

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Page 1 of 6 https://www.mhc.tn.gov.in/judis

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O.P.No.363 of 2024

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Succession Certificate in respect of the securities held by late B.Kousalya @ Kawasilya Kawar.

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2. The deceased B.Kousalya @ Kawasilya Kawer, a resident of Chennai, died intestate on 11.05.2020. Her husband, Bhawarlal, predeceased her. During her life time, the deceased B.Kousalya held shares and securities, as more fully described in the schedule of the petition. After her death, her legal heirs are entitled to have these shares transferred in their name. S he had four sons by name, Prakashchand, Premchand, Gouthamchand and Uthamchand. Two of her sons Gouthamchand and Uthamchand, predeceased her, leaving behind their respective wife and two children each besides their mother. After her death, her son Prakashchand also died on 30.10.2022, leaving behind his wife and three children. The sole surviving son Premchand, along with the three daughters-in-law and the grandchildren, are the petitioners before this Court seeking the Succession Certificate as the class 1 heir of the deceased B.Kousalya @ Kawasilya Kawer .

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3. To prove their claim, Premchand, the 1^st petitioner, has mounted the witness box and marked the following documents as Ex.P1 to Ex.P13. The other petitioners have filed consent affidavits for the grant of letters of administration in favour of the 1^st petitioner concerning the securities left by the late B.Kousalya @ Kawasilya Kawer.

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Page 2 of 6 https://www.mhc.tn.gov.in/judis

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O.P.No.363 of 2024

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Exhibits

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*Exhibits*	*Documents*
Ex.P.1	Computer generated death certificate of Mrs.B.Kousalya
Ex.P.2	Computer generated legal heir ship certificate of Mrs.B.Kousalya
Ex.P.3	Photocopy of the letter dated 07.06.2019 issued by Integrated Registry Management Services Pvt Ltd addressed to Mrs.B.Kawasilya Kawer in respect of shares held by her
Ex.P.4	Photocopy of the share certificate in Caplin Point Laboratories Ltd standing in the name of Mrs.Kawasilya Kawer
Ex.P.5	Photocopy of my Aadhaar card
Ex.P.6	Computer generated death certificate of Mr.B.Prakash Chand
Ex.P.7	Computer generated legal heir ship certificate of Mr.B.Prakash Chand
Ex.P.8	Computer generated death certificate of Mr.Goutham Chand
Ex.P.9	Computer generated legal heir ship certificate of Mr.Goutham Chand
Ex.P.10	Computer generated death certificate of Mr.B.Utham Chand
Ex.P.11	Computer generated legal heir ship certificate of Mr.B.Utham Chand
Ex.P.12	Certificate under Section 65 B of the Indian Evidence Act, 1872
Ex.P.13	Copy of the paper publication effected in one issue of Tamil Daily “Makkal Kural” dated 20.08.2024

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4. On perusal of the exhibits, the death of B.Kousalya @ Kawasilya

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Kawer , wife of Bhawarlal on 11.05.2020, is proved through Ex.P2. The death certificates and legal heir certificates of B.Kousalya @ Kawasilya Kawer's three sons establish that petitioners 2 to 11 are her surviving legal heirs. The consent affidavits filed by petitioners 2 to 11, agreeing to grant letters of administration in favour of Premchand, the 1^st petitioner is taken into consideration.

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Page 3 of 6 https://www.mhc.tn.gov.in/judis

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O.P.No.363 of 2024

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5. In the result, t his Original Petition stands Allowed. The Succession Certificate is issued to the 1 st petitioner in respect of the securities more fully described in detail in the schedule to the petition. The petitioner shall provide an account of the debts and payments to the legatees. The statement of accounts must be filed within six months from the date of the grant of the Succession Certificate.

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11.12.2024

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Index: Yes/No. Internet : Yes/No. rpl

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Petitioner's witness: P.W.1 –B.Premchand

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Documents marked:

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*Exhibits*	*Documents*
Ex.P.1	Computer generated death certificate of Mrs.B.Kousalya
Ex.P.2	Computer generated legal heir ship certificate of Mrs.B.Kousalya
Ex.P.3	Photocopy of the letter dated 07.06.2019 issued by Integrated Registry Management Services Pvt Ltd addressed to Mrs.B.Kawasilya Kawer in respect of shares held by her
Ex.P.4	Photocopy of the share certificate in Caplin Point Laboratories Ltd standing in the name of Mrs.Kawasilya Kawer
Ex.P.5	Photocopy of my Aadhaar card
Ex.P.6	Computer generated death certificate of Mr.B.Prakash Chand
Ex.P.7	Computer generated legal heir ship certificate of Mr.B.Prakash Chand

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Page 4 of 6 https://www.mhc.tn.gov.in/judis

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O.P.No.363 of 2024

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.12.2024

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Exhibits
Ex.P.8
Ex.P.9

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*Exhibits*	*Documents*
Ex.P.8	Computer generated death certificate of Mr.Goutham Chand
Ex.P.9	Computer generated legal heir ship certificate of Mr.Goutham Chand
Ex.P.10	Computer generated death certificate of Mr.B.Utham Chand
Ex.P.11	Computer generated legal heir ship certificate of Mr.B.Utham Chand
Ex.P.12	Certificate under Section 65 B of the Indian Evidence Act, 1872
Ex.P.13	Copy of the paper publication effected in one issue of Tamil Daily “Makkal Kural” dated 20.08.2024

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Page 5 of 6 https://www.mhc.tn.gov.in/judis

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O.P.No.363 of 2024

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Dr.G.JAYACHANDRAN, J.

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rpl

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delivery order made in Original Petition No.363 of 2024

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11.12.2024

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Page 6 of 6 https://www.mhc.tn.gov.in/judis

B.Premchand and 10 others v. No Respondent

Case brief

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B.Premchand and 10 others v. No Respondent

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