This Petition has been filed under Section 372 of the Indian Succession Act, 1925 read with Order XXV Rule 6 of the Madras High Court Original Side Rules to grant Succession Certificate in favour of the petitioner.
2. It is the case of the petitioner that the deceased D.Ramakrishnan, ordinarily resided at No.24, 2nd Street, Dhandayuthapani Nagar, Kotturpuram, Chennai-600 085 and died intestate on 07.04.2017 at his residence. The deceased died intestate and left the property specified in the Schedule within the jurisdiction of this Court. Though due and diligent search has been made for a Will but none has been found. The deceased at the time of death, left behind the petitioner and the respondents herein, as his Class-I legal heirs, and they are entitled to claim a share of the estate.
3. The Succession Certificate is required for the purpose of transfer of shares in the name of the petitioner. The said assets in respect of which the Succession Certificate is required are of the total value of Rs.74,12,000/-. 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 and no application has been made for a Succession http://www.judis.nic.in 1/4 O.P.No.215 of 2019 Certificate in respect of any debt or security belonging to the estate of the deceased to any District Court or delegate or to any High Court.
4. The petitioner examined herself as PW-1 and marked exhibits Exs.P1 to P7.
a) Ex.P1 (series 23 Nos) are the photocopies of the share certificates of I.T.C. Limited held by Mr.D.Ramakrishnan (Marked after comparing and verifying with the originals).
b) Ex.P2 is the computer generated copy of the death certificate of D.Ramakrishnan, who died on 07.04.2017.
c) Ex.P3 is the photocopy of the Legal Heirship Certificate dated 03.10.2017 in respect of Mr.D.Ramakrishnan (Marked after comparing and verifying with the original).
d) Ex.P4 is the photocopy of the e-mail communication from I.T.C.Limited to Mr.Ram Venkatesh.
e) Ex.P5 is the consent affidavit given by the 1st respondent.
f) Ex.P6 is the consent affidavit given by the 2nd respondent.
g) Ex.P7 is a copy of paper publication effected in one issue of Tamil daily “Makkal Kural” dated 07.09.2019.
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 petitioner, I am satisfied that the petitioner has succeeded the Estate of the deceased. Therefore, the petition is ordered as prayed for and a direction for grant http://www.judis.nic.in 2/4 O.P.No.215 of 2019 of Succession Certificate to the petitioner with power to collect the securities and to receive interest and dividends, negotiate and transfer the Schedule mentioned securities, is issued. The petitioner is directed to render account once in a year.
14.11.2019 KMI http://www.judis.nic.in 3/4 O.P.No.215 of 2019 K.KALYANASUNDARAM, J.
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