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Court Original Side Rules vs Unknown

Madras High Court|19 January, 2017

JUDGMENT / ORDER

are the legal heirs of deceased C.T.Ananthakrishnan. The petitioner is the wife and the respondents 1 and 2 are daughters of the deceased. The said C.T.Ananthakrishnan died on 26.03.2018 at SRM Institute for Medical Science, Vadapalani, Chennai. He was worked with Indian Oil Corporation. Other than the petitioner and the respondents, there are no other relatives to succeed the estate as class I legal heirs. Prior to and at the time of his death, the deceased ordinarily resided at Flat No.1-A, first floor, “Ritechoice Maha Meru” No.35, Old No.17, Umapathy Street, West Mambalam, Chennai – 600 033. He left the schedule mentioned properties and died within the jurisdiction of this Court. The deceased was having shares with Indian Oil 1/5 https://www.mhc.tn.gov.in/judis/ O.P.No.125 of 2020 Corporation numbering 600 and a Savings Account with State Bank of India, Anna Salai Branch having a balance of Rs.7,67,310/-. On account of the death, the petitioner and the respondents being his successors, are jointly entitled for the amount lying in financial institutions. The deceased died intestate and though due and diligent search has been made for a Will, none has been found. The succession certificate is required for the purpose of getting the amounts back from the bank as mentioned in the schedule and for transfer of shares. The assets in respect of which the succession certificate is required is of the value of Rs.8,37,810/-. No application for a succession certificate in respect of any debt or security belonging to the estate of the said deceased has been made to any District Court or delegate or to any High Court. Hence, the petitioner and the respondents have approached this Court for grant of succession certificate in their names with power to collect the debts and to receive the interest and dividends on and negotiate and transfer the securities specified in the schedule.
3.The petitioner examined herself as P.W.1 and marked Exs.P1 to 2/5 https://www.mhc.tn.gov.in/judis/ O.P.No.125 of 2020 P14. Ex.P1 is the photocopy of the Settlement Deed dated 19.01.2017 in favour of Savithri Ananthakrishnan and Srividhya Sainathan, registered as Doc.No.233 of 2017 at SRO, Kodambakkam. Ex.P2 is the photocopy off the Settlement Deed dated 19.01.2017 in favour of Savithri Ananthakrishnan and Srividhya Sainathan, registered as Doc.No.232 of 2017 at SRO, Kodambakkam. Ex.P3 is the computer generated death certificate of my husband C.T.Ananthakrishnan, who died on 26.03.2018. Ex.P4 is the computer generated Legal Heirship Certificate dated 08.08.2018 in respect of my husband C.T.Ananthakrishnan. Ex.P5 is the photocopy of the Family Card for the period 2005 2009 in respect of my husband. Ex.P6 is the photocopy of my PAN card. Ex.P7 is the photocopy of the PAN card of the 2nd respondent. Ex.P8 is the photocopy of my Aadhar card. Ex.P9 is the photocopy of the Aadhaar Card of the 2nd respondent. Ex.P10 is the photocopy of the savings bank passbook account in State Bank of India, Anna Salai Branch bearing Account No.10457406983. Ex.P11 is the photocopy of the allotment Advice-Cum-Allotment Money Notice given by Indian Oil Corporation Limited in respect of the shares held by my deceased husband C.T.Ananthakrishnan. Ex.P12 is the consent 3/5 https://www.mhc.tn.gov.in/judis/ O.P.No.125 of 2020 affidavit given by the 1st respondent herein stating that she has no objection in grant of Succession Certificate. Ex.P13 is the consent affidavit given by the 2nd respondent herein stating that she has no objection in grant of Succession Certificate. Ex.P14 is a copy of paper publication effected in one issue of Tamil daily “Makkal Kural” dated 08.10.2020.
4.Considering the averments made in the petition and the documents filed by the petitioner, this Court is satisfied that the petitioner and the respondents have succeeded the Estate of the deceased C.T.Ananthakrishnan. Therefore, the petition is ordered as prayed for and a direction for grant of Succession Certificate to the petitioner with power to collect the debts and to receive the interest and dividends on and negotiate and transfer the securities specified in the schedule, is issued. The petitioner is directed to render account once in a year.
01.10.2021 Pns 4/5 https://www.mhc.tn.gov.in/judis/ O.P.No.125 of 2020 V.PARTHIBAN.J., Pns O.P.No.125 of 2020 01.10.2021 5/5 https://www.mhc.tn.gov.in/judis/
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Title

Court Original Side Rules vs Unknown

Court

Madras High Court

JudgmentDate
19 January, 2017