Nandhitha Madhavan v. No Respondent

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 14.09.2023

CORAM

THE HONOURABLE MS.JUSTICE R.N.MANJULA Nandhitha Madhavan ...

Petitioner Original Petition is filed under Section 372 of Indian Succession Act, 1925 r/w. Order XXV Rule 6 of the Madras High Court Original Side Rules, to grant succession certificate in favour of the petitioner herein viz. Nandhitha Madhavan with the power to collect the securities and to receive the interest, dividends thereon and negotiate and transfer the securities specified in the schedule hereto.

For Petitioners : Mr.M.Muraleedhar Reddy

ORDER

This petition is filed under section 372 of the Indian Succession Act, 1925 r/w. Order XXV Rule 6 of the Madras High Court Original Side Rules, seeking issuance of Succession Certificate to the petitioner with the power to collect the securities and to receive the interest, dividends thereon and negotiate and transfer the securities specified in the schedule hereto. 1/5

2.The averments in the petition are as follows:- The petition mentioned securities were owned by one J.Madhavan who is the father of the petitioner. J.Madhavan died intestate on 06.01.2022. the wife of J.Madhavan predeceased him. The couple had one daughter who is the petitioner herein. Since the petitioner is the only legal heir of deceased J.Madhavan, she is entitled to inherit the assets left by J.Madhavan. Hence she had filed this petition seeking succession certificate.

3. The petitioner examined herself as P.W.1 and Exs.P1 to P5 were marked.

4. Ex.P1 is the death certificate of Jagadish who is the father of Madhavan. From the legal heirship certificate Ex.P2 it is seen that the petitioner alone is the only legal heir of the deceased father.

5. Paper publication issued in one issue of Tamily daily "Makkal Kural" dated 19.04.2023 did not attract any objectors.

6. Since the petitioner is the only legal heir of the deceased Madhavan, she has got the right to inherit the petition mentioned assets. 2/5

The above documentary evidence produced by the petitioner would prove her entitlement for the grant of Succession Certificate as prayed.

7. Hence:

(a) The petition is ordered and (b) The Succession Certificate shall be issued in favour of the petitioner, with power to collect the debts and securities and to receive interest and dividends on and negotiate and transfer the securities specified in the schedule on payment of appropriate succession duty, if it not paid already.

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APPENDIX Witnesses examined:

P.W.1 - Nandhitha Madhavan Documents marked :

Exhibits Documents Ex.P1 Death certificate of J.Madhavan Ex.P2 Legal heirship certificate of J.Madhavan Ex.P3 Share Certificate held by Jagadish Madhavan Ex.P4 Photocopy of Aadhaar Card Ex.P5 Paper publication dated 19.04.2023 4/5

R.N.MANJULA, J.

O.P.No. 742 of 2023 5/5