O.P.No.363 of 2019 O.P.No.363 of 2019 K.KALYANASUNDARAM, J., This Petition has been filed under Section 372 of the Indian Succession Act, 1925 read with Order XXV Rule 6 of Original Side Rules 1956, to grant succession certificate in favour of the first petitioner.
2. It is the case of the petitioners that the deceased G.L.Daga alias Girdharlal Daga, died on 30.04.1997 at M.M.M.Hospital, Mugappair, Madras-600 050 and he was ordinarily resided at No.347, Mint Street, Sowcarpet, Chennai – 600 079, Tamil Nadu and left the securities as specified in the schedule hereto within the jurisdiction of this Court. The deceased died intestate and that due and diligent search has been made for a Will, but none has been found. The deceased at the time of his death left behind his wife and four sons, the petitioners herein as his surviving legal heirs. The petitioners are the class I legal heirs of the deceased, who claims to be entitled to a share of the estate of the deceased. The succession certificate is required for the purpose of collecting securities and to receive interest, bonus share and dividends and negotiate to transfer the securities in the name of the first petitioner herein. The assets in respect of which the succession certificate is required are of the value of Rs.6,00,000/-. http://www.judis.nic.inPage No.1/4 O.P.No.363 of 2019
3. It is further stated that no application has been made to any District Court or delegate or to any High Court for probate of any Will of the deceased or for letters of administration with or without the Will annexed to his properties and credits. The petitioners 2 to 5 have given consent to the grant of succession certificate in favour of the first petitioner.
4. The first petitioner examined herself as P.W1 and deposed evidence on behalf of the petitioners 2 to 5 and marked Exs.P1 to P13 viz.,
i) Ex.P1 is the computer generated copy of the death certificate of G.L.Daga, who died on 30.04.1997.
ii) Ex.P2 is the original Legal Heirship certificate dated 11.12.2009 in respect of G.L.Daga @ Girdharlal Daga.
iii) Ex.P3 is the photocopy of the letter dated 21.12.2017 addressed to her by Exide Industries Limited regarding the transmission of 2840 shares.
iv) Ex.P4 is the photocopy of the PAN card of the 2nd petitioner bearing No.AACPD1254D.
v) Ex.P5 is the photocopy of the PAN card of the 3rd petitioner bearing No.AACPD1252F.
vi) Ex.P6 is the photocopy of the PAN Card of the 4th petitioner bearing No.AAEPD4588L.
vii)Ex.P7 is the photocopy of the PAN card of the 5th petitioner bearing No.AACPD4953H.
viii)Ex.P8 is the photocopy of her Aadhaar Card bearing No.9781 8105 4301.
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ix) Ex.P9 is the photocopy of the Aadhaar card of the 2nd petitioner bearing No.9117 8464 9347.
x) Ex.P10 is the photocopy of the Aadhaar card of the 3rd petitioner bearing No.9149 2872 0430.
xi) Ex.P11 is the photocopy of the Aadhaar card of the 4th petitioner bearing No.9349 2637 5071.
xii)Ex.P12 is the photocopy of the Aadhaar card of the 5th petitioner bearing No.3591 6571 6795.
xiii)Ex.P13 is a copy of paper publication effected in one issue of Tamil daily “Maalai Sudar” dated 04.07.2019. She has further stated in her evidence that she has not filed any other petition seeking the same relief.
5.Considering the averments made in the petition and the documents filed by the petitioners, I am satisfied that the first petitioner has succeeded the Estate of the deceased. Therefore, the petition is ordered as prayed for and a direction for grant of Succession Certificate to the first petitioner with power to collect the securities and to receive the interest and dividends thereon and negotiate and transfer the securities as specified in the schedule. The first petitioner is directed to render account once in a year.
05.09.2019 ms http://www.judis.nic.inPage No.3/4 O.P.No.363 of 2019 K.KALYANASUNDARAM, J., ms O.P.No.363 of 2019 05.09.2019 http://www.judis.nic.inPage No.4/4