K.Srinivasan v. C.Alamelu And 15 Others
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 01.02.2023
CORAM
THE HONOURABLE MR.JUSTICE SENTHILKUMAR RAMAMOORTHY K.Srinivasan ... Petitioner vs.
1.Tmt.C.Alamelu 2.Gandhi Kannadasan 3.Dr.Kamalanathan Kannadasan 4.K.Subramaniam @ Kanmani Subbu 5.Annadurai Kannadasan 6.Tmt.S.Thenmozhi 7.Tmt.Revathi Shanmugam 8.Tmt.P.Visalatchi 9.Dr.K.Ramasamy 10.Tmt.Kalaiselvi 11.K.Gopi 12.K.Venkatachalam 13.Tmt.K.Amirtha Gowri 14.K.Kannadasan 15.K.Sathyalakshmi 16.K.Sharankumar ... Respondents 1/7
PRAYER: Original Petition filed under Section 372 of Indian Succession Act, 1925 under Order XXV Rule 6 of Original Side Rules, prays that a Succession Certificate may be granted by this Court to the petitioner herein, with the power to collect the debts and to receive interest as given in the schedule.
For Petitioner : Ms.Usha Tholgappian for M/s.K.Chokalingam For Respondents : Ms.G.Keerthana **********
ORDER
The petitioner seeks the grant of a succession certificate in relation to the debt described in the schedule to the petition.
2. The petitioner asserts that he is the son of the late Muthaiah @ Kavingar Kannadasan, who died at Chicago, USA, on 17.10.1981. It is further asserted that he was survived by his wives, Ponnammal and Parvathy, nine sons, and five daughters. Out of the nine sons, it is stated 2/7
that one son, namely, Kalaivanan Kannadasan, died on 24.09.1994 and that the 13th to 16th respondents are his legal heirs. The petitioner further asserts that the deceased ordinarily resided within the jurisdiction of this Court and that he died intestate.
3. The succession certificate is prayed for in respect of accumulated royalty from the Indian Performing Rights Society Ltd., Mumbai. In order to establish entitlement to the relief claimed, the petitioner adduced evidence by examining himself as P.W.1. In course of the examination in chief of P.W.1, the 24 documents listed at the foot of this order were exhibited as Exs.P1 to P24. The death certificate of the deceased (Ex.P1) discloses that he died on 17.10.1981. The death certificate (Ex.P2)of one of the wives of the deceased, Parvathy Kannadasan, discloses that she died on 24.03.1990. The legal heirship certificate in respect of K.Ponnammal (Ex.P4),discloses the names of Tmt.C.Alamelu, K.N.Subramaniam, Tmt.S.Thenmozhi, Tmt.P.L.Visalatchi, Dr.K.Ramasamy and Thiru. Venkatachalam as her legal heirs. The said document also discloses that her husband pre-deceased her and that she died on 30.05.2012. The legal heirship certificate in respect of 3/7
Parvathy(Ex.P6) discloses the names of Gandhi Kannadhasan, Kamal Kannadhasan, Annadorai Kannadhasan @ Sathappan, Tmt.Revathi Shanmugam, Srinivasan Kannadhasan, Tmt.Kalai Selvi Chokkalingam and Gopi Kannadhasan as her legal heirs. All these persons have been joined as respondents. The petitioner has placed on record the original memorandum of family arrangement dated 05.02.2014(Ex.P7). The manner in which the accumulated proceeds lying with the Indian Performing Rights Society Limited, Mumbai would be distributed is specified therein.
4. Both learned counsel for the petitioner and the respondents state that the distribution would be done in accordance with Ex.P7. All the respondents have provided consent affidavits (Exs.P8 to P23). Paper publication was effected (Ex.P24).
5. Based on the assertions in the petition and the evidence adduced in support thereof, the petitioner is entitled to the relief claimed. Consequently, O.P.No.734 of 2021 is allowed by granting a succession certificate to the petitioner in respect of the debts described in the schedule to the petition. 4/7
As a result, the petitioner is entitled to collect the debts, including interest accruals thereon.
01.02.2023 rrg Index : Yes / No Internet : Yes / No Petitioner's witness:
P.W.1 - Mr.K.Srinivasan Documents exhibited by the petitioners:
Exhibits Documents Ex.P1 Certified copy of the death certificate of Kavignar Kannadasan. Ex.P2 Computer generated death certificate of Parvathy Kannadasan. Ex.P3 Photo copy of family card Ex.P4 Original Legal Heirship certificate of K.Ponnammal Ex.P5 Computer generated death certificate of Ponnammal Ex.P6 Original legal Heirship certificate of Parvathy Ex.P7 Original memorandum of family arrangement Ex.P8 Consent affidavit given by the 1st respondent Ex.P9 Consent affidavit given by the 2nd respondent Ex.P10 Consent affidavit given by the 3rd respondent Ex.P11 Consent affidavit given by the 4th respondent Ex.P12 Consent affidavit given by the 5th respondent Ex.P13 Consent affidavit given by the 6th respondent 5/7
Exhibits Documents Ex.P14 Consent affidavit given by the 7th respondent Ex.P15 Consent affidavit given by the 8th respondent Ex.P16 Consent affidavit given by the 9th respondent Ex.P17 Consent affidavit given by the 10th respondent Ex.P18 Consent affidavit given by the 11th respondent Ex.P19 Consent affidavit given by the 12th respondent Ex.P20 Consent affidavit given by the 13th respondent Ex.P21 Consent affidavit given by the 14th respondent Ex.P22 Consent affidavit given by the 15th respondent Ex.P23 Consent affidavit given by the 16th respondent Ex.P24 Copy of paper publication effected in one issue of Tamil daily ''Dina Kural'' dated 19.10.2022 01.02.2023 SENTHILKUMAR RAMAMOORTHY,J rrg 6/7
O.P.No.734 of 2022 01.02.2023 7/7