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Madras High CourtOP/665/2020ordered

C.Kannammai v. Nil

2022-03-11Honourable Mr Justice P. Velmurugan4 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

(TESTAMENTARY AND INTESTATE JURISDICTION) FRIDAY, THE 11TH DAY OF MARCH 2022 THE HON'BLE MR. JUSTICE P.VELMURUGAN O.P. No.665 of 2020 In the matter of Indian Succession Act XXXIX of 1925 and In the matter of certain securities of N.Chidambaram (deceased Intestate)

1. C.KANNAMMAI W/o Late Narayanan Chidambaram, No.9, Kalpataru Apartments, 4th Main Road, R.A.Puram, Chennai - 28

2. C.UNNAMALAI, (Minor), D/o. Late. Narayanan Chidambaram (Represented by the 1st petitioner), No.9, Kalpataru Apartments, 4th Main Road, R.A.Puram, Chennai - 28 ..Petitioners Original Petition praying that this Hon'ble Court be pleased that Succession Certificate may be granted to the petitioners with power to get transferred, collect the shareholdings of 7553 shares of Standard Charted PLC, debts and to receive the benefits accrued in respect of said shares.

This Original Petition coming on this day before this court for hearing, the court made the following order:

This Original petition has been filed by the petitioners for grant of succession certificate in favour of the petitioners for the deceased Narayanan Chidambaram who died on 14.12.2017.

2. The petitioners are the wife and the adopted daughter of the deceased Narayanan Chidambaram leaving behind the petitioners herein as his only legal heirs. As the second petitioner is the minor, she is represented by her adoptive mother/first petitioner. The details of the securities for which the Succession Certificate is sought for, are furnished in the schedule to the petition.

3. The first petitioner who is the wife of the deceased, has deposed as PW1 and filed his proof affidavit, 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 Computer generated death certificate of Narayanan Chidambaram

Exhibits Nature of the documents P2 Photocopy of the Tax voucher as on year ending 31.12.2015 standing in the name of Narayanan Chidambaram P3 Photocopy of the first petitioner's Aadhaar card P4 Photocopy of the Aadhaar card of Unnamalai Chidambaram P5 Photocopy of the Family card P6 Photocopy of the Sale Deed dated 23.02.2004 P7 Photocopy of the first petitioner's PAN card P8 Photocopy of the legal heirship certificate in respect of Narayanan Chidambaram P9 Photocopy of the name transfer certificate issued by Greater Chennai Corporation P10 Photocopy of the E.B.Bill P11 Photocopy of the water charges/sewerage service charges card standing in the name of Narayanan Chidambaram and C.Kannammai P12 Downloaded statement shows the details of the shares of standard chartered PLC.

P13 Email communications P14 Photocopy of the Aadhaar card of Narayanan Chidambaram P14 Copy of paper publication effected in one issue of Tamil daily "Makkal Kural" dated 03.03.2021.

4. An averment has also been made in the petition that no application has been made to the District Court or delegate or to any High Court for Probate of any Will of the deceased or Letters of Administration with or without the Will annexed to his properties and credits. No application for Succession Certificate in respect of any debts or security belonging to the estate of the deceased has been made to any District Court or delegate or to any High Court.

5. This Court has perused and examined the aforementioned documents.

6. After giving due consideration to the averments contained in the petition as well as the Exhibits marked on the side of the petitioners, this Court is of the considered view that the relief of succession certificate sought for in OP No.665 of 2020 shall be granted to the petitioners. Accordingly, this Original Petition is allowed. The petitioners are directed to pay the requisite succession duty, if any, before obtaining the Succession Certificate.

Sd/.P.V.J.

11.03.2022 //Certified to be a true copy// Dated at Madras this the day of 2022. SU/15.03.2022 COURT OFFICER(O.S.) From 25.09.2008 the Registry is issuing certified copies of the Orders/Judgments/Decrees in this format.