The High Court allowed an original petition filed under Section 372 of the Indian Succession Act, 1925, to issue a succession certificate for securities left by an intestate deceased husband to his legal heirs.
The Original Petition was allowed and a Succession Certificate to be issued in favour of the 2nd petitioner.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
1
O.P.No.702 of 2023
C.V.KARTHIKEYAN, J.
This original petition has been filed taking advantage of Section 372 of the Indian Succession Act, 1925 seeking Succession Certificate with respect to the securities in the name of late husband of the 1st petitioner, father of the 2nd to 5th petitioners, H.Sankalchand, who died intestate at Chennai on 23.05.2021. At the time of his death, he had left behind securities in the companies which had been mentioned in the schedule to the petitioner.
2.After following due procedure, the petitioners were invited to tender evidence. Accordingly, the 2nd petitioner examined himself as PW-1. The Death Certificate of his father was marked as Ex.P1. The Legal Heirship Certificate was marked as Ex.P2. The documents relating to the holdings of his father were marked as Ex.P3.
3.In view of the evidence adduced, this Original Petition stands allowed. The Succession Certificate may be issued in favour of the 2nd petitioner in accordance with the rules.
18.04.2024
smv
2
C.V.KARTHIKEYAN,J.
smv
O.P.No.702 of 2023
18.04.2024
1 issue framed by the court
Whether a succession certificate should be issued for securities of an intestate deceased father to his legal heirs.
1 provisions across 1 enactments
1st Petitioner
2nd Petitioner
3rd to 5th Petitioners
H. Sankalchand
C. V. Karthikeyan
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
