Debts M.V.Ramaseshan v. N.S.Padmavathy
IN THE HIGH COURT OF JUDICATURE AT MADRAS
(Original side) (TESTAMENTARY AND INTESTATE JURISDICTION) THURSDAY, THE 11th DAY OF FEBRUARY 2016 THE HON'BLE MR.JUSTICE K.K.SASIDHARAN OP.NO.720 OF 2015 In the matter of the Indian Succession Act XXXIX 1925 and In the matter of certain Debts belonging M.V.Ramaseshan deceased intestate.
1.M.V.Chellapillai S/O.M.V.Krishnaswamy Perumanently residing at No.5/5.
North mada Street, Kancheepuram,631 501 and Also temporarily residing at No.9/16 First Floor,Sarathy Kumaran Kudil Kandappan Street Triplicane,Chennai 600 005.
....Petitioner -VsMrs.N.S.Padmavathy W/o.N.S.Vijayaragavan No.48,Venkatchalachetty Street Triplicane,Chennai 600 005.
...Respondents
This Original Petition praying that this Hon'ble Court be pleased to granted in favour of the petitioner with power to collect the debt and to receive the interest and thus render justice. Specified in the shedule here under.
SCHEDULE S.No.
Name of the Debtor Amount of Debt with interest on date oif application for certificate Description and date of instrument if any,by which the Debt is secured 1 UCO Bank 50,00,000.00 01010310034767 2 UCO Bank 50,00,000.00 01010310035191 3 UCO Bank 50,00,000.00 01010310036402 4 UCO Bank 18,82,493.65 01010100010201 5 UCO Bank 20,03,106.50 01010310048498 6 UCO Bank 1,47,995.00 01010310049013 7 UCO Bank 1,47,829.00 01010310042144 8 UCO Bank 1660.94 07830110005347 9 UCO Bank 1104 01010100129418 10 UCO Bank 81,15,811.36 Consolidated Total 2,73,00,000.00 This Original Petition coming on this day before this court for hearing the court made the following order:
This is an original petition filed under Section 372 of the Indian Succession Act praying for the grant of a succession certificate to collect the debts and liabilities shown in the schedule.
2. The petitioner is the brother of M.V.Ramaseshan, who died intestate on 13.8.2012. The wife, daughter and grandchildren of Thiru M.V.Ramaseshan pre-deceased him. His parents also predeceased him. The petitioner and the sole respondent are the sole surviving legal heirs of the deceased.
3. The debts and securities due to the estate of the deceased are shown in the schedule to the Original Petition. The petitioner and the respondent are entitled to collect the securities.
4. The petitioner has taken paper publication in ''Malai Sudar" on 21.11.2015. So far no objection has been received from any one.
5. The petitioner was examined as P.W.1. The following documents were marked through him:- Exhibit s Documents Ex.P1 Computer generated copy of the death certificate of M.V.Ramaseshan, who died on 13.8.2012 Ex.P2 Original legal heir ship certificate of M.V.Ramaseshan dated 31.10.2012 Ex.P3 Letter dated 5.8.2015 issued by the Branch Manager, UCO Bank, Mylapore branch in respect of deposits standing in the name of deceased M.V.Ramaseshan Ex.P4 Letter dated 23.4.2014 issued by the Chief Manager, UCO Bank, Chennai asking the petitioner to obtain Succession Certificate, in respect of deposits standing in the name of deceased M.V.Ramaseshan Ex.P5 Copy of Paper Publication effected in Tamil Daily "Malai Sudar"dated 21.11.2015
6. Learned counsel for the respondent submitted that the respondent has no objection in issuing a Succession Certificate in favour of the petitioner with respect to his 50% share. The learned counsel wanted the name of the respondent also to be shown in the Succession Certificate. The respondent has already paid the duty payable towards 50% of share. The learned counsel for
the petitioner received a Demand Draft for a sum of Rs.4,09,500/- dated 11.2.2016 towards 50% of the duty due from the respondent.
7. Since there are no Class-I heirs to the deceased, the petitioner and the respondent are entitled to succeed to his estate.
8. There shall be a direction to issue a Succession Certificate in the name of the petitioner and the respondent, authorising them to collect the debts and securities liabilities shown in the Schedule to the Original Petition. The petitioner is entitled to 50% of the amount shown in the Schedule and the respondent is entitled to the remaining 50%.
The Original Petition is allowed as indicated above. Sd/K.K.S.J 11.02.2016 //Certified to be a true copy// Dated this the day of 2016 S.s/03.06.2016 COURT OFFICER From 25.09.2008 the Registry is issuing certified copies of the Order/Judgment Decree in this format.