C. Manikandan Chandrasekaran v. Chandra Chandrasekaran
2022-04-27
P.VELMURUGAN
body2022
DigiLaw.ai
JUDGMENT 1. This Original petition has been filed by the petitioner who is the son of the deceased V.Chandrasekaran who died intestate on 27.11.1997, for grant of succession certificate. 2. The petitioner is the son and the respondent is the wife of one V.Chandrasekaran who died on 27.11.1997. As the said V.Chandrasekaran died intestate leaving behind the petitioner and the respondent who are his only legal heirs, the petitioner has filed this petition for grant of succession certificate. The details of the securities for which the Succession Certificate is sought for, are furnished in the schedule to the petition and its value is Rs.25,66,602/- according to the petitioner. 3. The petitioner who is the son of the deceased V.Chandrasekaran has deposed as PW1 before the learned Master in support of this petition for grant of succession certificate. Before the learned Master, the following documents were marked as Exhibits. Exhibits Nature of the documents P1 The computer generated death certificate of V.Chandra Sekaran P2 The photocopy of the certified copy of the Legal Heirship Certificate dated 25.03.1998 in respect of V.Chandrasekaran P3 The original statement of holding dated 14.10.2019 issued by Karvy Fintech Private Limited P4 The original letter dated 21.10.2019 issued by Karvy Fintech Private Limited P5 The original letter dated 23.02.2021 issued by Kfin Technologies Private Limited P6 The consent affidavit given by the respondent P7 The copy of paper publication effected in one issue of Tamil daily “Makkal Kural” dated 19.02.2022. 4. The respondent who is the mother of the petitioner has filed consent affidavit which has been marked as Ex.P.6. 5. An averment has also been made in the petition that no application has been made to any District Court or delegate or to any High Court for probate or any relief of the said deceased for Letters of administration, with or without the Will annexed to his properties and credits and 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. 6. This Court has perused and examined the aforementioned documents. The petitioner was examined as P.W.1 by filing proof affidavit and 6 documents were marked as Exs.P.1 to P6.
6. This Court has perused and examined the aforementioned documents. The petitioner was examined as P.W.1 by filing proof affidavit and 6 documents were marked as Exs.P.1 to P6. As seen from the death certificate marked as Ex.P1, V.Chandrasekaran died on 27.11.1997 and the Legal Heirship certificate which has been marked as Ex.P2 shows that the petitioner and the respondent are the only legal heirs of the deceased V.Chandrasekaran. Exs.P3 to P5 are the letters sent by the concerned agencies along with the details of shares stands in the name of the deceased V.Chandrasekaran and the petitioner has been requested to provide certain documents including Successions Certificate for issuance of duplicate share certificate(s) and to transfer the same in favour of the legal heir(s) of the deceased. Ex.P.6 the is the consent affidavit filed the by the respondent who is the mother of the petitioner in which she has stated that she has no objection for grant of succession certificate to the petitioner. The paper Publication has also been effected in one issue of Tamil daily “Makkal Kural” dated 19.02.2022 which has been marked as Ex.P6. 7. After giving due consideration to the averments contained in the petition as well as the Exhibits marked on the side of the petitioner, this Court is of the considered view that the deceased V.Chandrasekaran died leaving behind the petitioner and the respondent as his only legal heirs and there are certain dues to the deceased V.Chandrasekaran from Reliance Industries Limited and also from Larsen & Toubro Limited where the deceased was having shares in his name. Therefore, the relief of succession certificate sought for by the petitioner in OP No.724 of 2021 has to be granted in favour of the petitioner. Accordingly, the Original Petition is allowed. 8. Registry is directed to issue succession certificate if the succession duty already paid or otherwise registry is directed to recover the succession duty from the petitioner for issuance of succession certificate.