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 P.Seethalakshmi ordinarily resided at No.77, Banadurai South Street, Kumbakonam and died on 01.03.2009 at Anbu Hospital, 4,5, Lakshmi Vilas Street, Kumbakonam. 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 her death, left behind the petitioner and the respondents 1 to 5, as her surviving legal heirs, and they are entitled to a share in the estate.
3. The Succession Certificate is required for the purpose of converting the share into electronic format under d-mat account standing in the name of the deceased into the name of the petitioner, for which, the respondents have given their consent. The assets in respect of which the Succession Certificate is required are of the total value of Rs.2,81,600/-. 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 her properties and http://www.judis.nic.in 1/4 O.P.No.170 of 2019 credits and no application has been made for a Succession 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 PW1 and marked exhibits Exs.P1 to P13.
a) Ex.P1 is the photocopy of the share certificate bearing certificate No.157398, standing in the name of my mother P.Seethalakshmi, issued by Madras Cements Limited (Marked after comparing and verifying with the original).
b) Ex.P2 is the original death certificate of my mother Seetha Lakshmi, who died on 01.03.2009.
c) Ex.P3 is the photocopy of the certified copy of the Legal Heirship certificate dated 17.04.2009 in respect of my deceased mother Seetha Lakshmi (Marked after comparing and verifying with the original certified copy).
d) Ex.P4 is the photocopy of the death certificate of my brother N.P.Asogan, who died on 09.06.2013 (Witness says that the original of this certificate is filed in O.P.No.174 of 2019, before this Hon'ble Court).
e) Ex.P5 is the photocopy of the certified copy of the Legal Heirship certificate dated 28.06.2013 in respect of my deceased brother Asogan (Marked after comparing and verifying with the original certified copy).
f) Ex.P6 is the photocopy of the death certificate of my father N.Periasami, who died on 05.07.2015 (Witness says that the original of this certificate is filed in O.P.No.174 of 2019, before this Hon'ble Court). http://www.judis.nic.in 2/4 O.P.No.170 of 2019
g) Ex.P7 is the photocopy of certified copy of the Legal Heirship certificate dated 08.08.2015 in respect of my deceased father N.Periasami (Witness says that the original of this certificate is filed in O.P.No.174 of 2019, before this Hon'ble Court).
h) Ex.P8 is the consent affidavit given by the first respondent.
i) Ex.P9 is the consent affidavit given by the second respondent.
j) Ex.P10 is the consent affidavit given by the third respondent.
k) Ex.P11 is the consent affidavit given by the fourth respondent.
l) Ex.P12 is the consent affidavit given by the fifth respondent.
m) Ex.P13 is a copy of paper publication effected in one issue of Tamil Daily "Thina Boomi" dated 21.07.2019.
He has further stated in his evidence that he 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 of Succession Certificate to the petitioner with power to collect the securities and to receive dividends, negotiate and transfer the Schedule mentioned securities, is issued. The petitioner is are directed to render account once in a year.
25.09.2019 (1/2) KMI http://www.judis.nic.in 3/4 O.P.No.170 of 2019 K.KALYANASUNDARAM, J.
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