← Library
Madras High CourtOP/264/2020allowed

Rajalakshmy Ganesh v. Chitoor Raghavan Narayanan(Deceased)

2021-11-30Honourable Mr Justice Abdul Quddhose6 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

(TESTAMENTARY AND INTESTATE JURISDICTION) TUESDAY, THE 30TH DAY OF NOVEMBER 2021 THE HON'BLE MR.JUSTICE ABDUL QUDDHOSE O.P.No.264 of 2020 In the matter of the Indian Succession Act XXXIX of 1925 and In the matter of certain securities in respect of C.N.Raghavan - Deceased Intestate RAJALAKSHMY GANESH W/O.MR.V.S.GANESH AND DAUGHTER OF LATE C.N.RAGHAVAN, G-245, GROUND FLOOR, PREET VIHAR, DELHI-110 092 ..Petitioner -Vs1. CHITOOR RAGHAVAN NARAYANAN * (DECEASED) S/O.LATE C.N.RAGHAVAN, NO.17/9, 2ND CROSS STREET, CUSTOMS COLONY, BESANT NAGAR, CHENNAI-600 090 * 2. JANAKI MEERA KRISHNAMURTHY W/o.Late Chitoor Raghavan Narayanan, residing at No.17/9, 2nd Cross Street, Custom Colony, Besant Nagar,

Chennai-600 090 * 3. ANIRUDH NARAYANAN CHITOOR S/o.Late Chitoor Raghavan Narayanan, No.17/9, 2nd Cross Street, Customs Colony, Besant Nagar, Chennai-600 090.

* (Sole respondent died R2 and R3 brought on record as LRS of deceased Sole Respondent amended as per order dated 03/11/2020 in A.No.2470 of 2020 in O.P.No.264/2020 * (Third Respondent name amended as per order dated 22/04/2021 in A.No.1449/2021) ..Respondents Original Petition praying that this Hon'ble Court be pleased that a Succession Certificate may be granted in the names of the petitioner with power to collect the Securities, and to receive the interest and dividends on, and negotiate and transfer the Securities specified in the Schedule in the petition.

This Original Petition coming on this day before this court for hearing the court made the following order:

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 respect of the securities mentioned in the schedule to the petition which were left behind

by the deceased Mr.C.N.Raghavan.

2. Heard the learned counsel for the petitioner.

3. The petitioner is the daughter of the deceased C.N.Raghavan, who died on 06.05.2017. Chitoor Raghavan Narayanan is the son of the deceased C.N.Raghavan and the brother of the petitioner, who died during the pendency of this petition. The respondents 2 and 3, who are the wife and son of Chitoor Raghavan Narayanan were brought on record as his Legal Representatives and were made as respondents 2 and 3 in this petition.

4. Since, the securities stand in the name of the deceased, the respective Companies where it is held have requested for succession certificate. The petitioner has therefore filed this petition, seeking for succession certificate in respect of the deceased, C.N.Raghavan.

5. Before the Learned Master, the petitioner was examined as P.W.1, the second respondent was examined as P.W.2 and the third respondent was examined as P.W.3 and through them, the following documents were marked as exhibits:

Exhibits Nature of the document Ex.P-1 Computer Generated Death Certificate of C.N.Raghavan, who died on 06.05.2017.

Ex.P-2 Computer generated death certificate of Amala, who died on 26.11.2008.

Ex.P-3 Photocopy of the Legal Heirship certificate dated 12.01.2018 in respect of the deceased C.N.Raghavan. Ex.P-4 Computer generated Legal Heirship certificate dated 17.06.2020 in respect of Narayanan Raghavan Chitoor. Ex.P-5 Computer printout of the statement of valuation as on 12.01.2019 in respect of the shares held by Mr.C.N.Raghavan.

Ex.P-6 Copy of paper publication effected in one issue of Tamil Daily "Makkal Kural" dated 29.10.2021.

Ex.P.7 Consent Affidavit of Mrs.Janaki Meera Krishnamurthi Ex.P.8 Consent Affidavit of Mr.Aniruddh Narayanan Chitoor

6. The second respondent, Janaki Meera Krishnamurthi is the wife of the deceased, Chitoor Raghavan Narayanan, who is the son of C.N.Raghavan (Deceased). She was examined as a witness before the Learned Master as P.W.2. She has also reiterated the contents of the petition filed seeking for succession certificate in O.P.No.264 of 2020. She has also given consent affidavit and given her no objection for the grant of succession certificate in favour of the petitioner. The consent affidavit of Mrs.Janaki Meera Krishnamurthi has been marked as Ex.P7.

7. The third respondent Mr.Aniruddh Narayanan Chitoor, who is the son of the deceased, Chitoor Raghavan Narayanan, has also been examined

as a witness (P.W.3) and he has also reiterated the contents of the petition filed in support of O.P.No.264 of 2020 and has given no objection for grant of succession certificate in favour of the petitioner for the securities mentioned in the schedule to the petition. The said consent affidavit is marked as Ex.P.8.

8. As seen from the evidence available on record, it is clear that after the death of C.N.Raghavan, the petitioner and Chitoor Raghavan Narayanan were his only Legal Heirs. During the pendency of this petition, Chitoor Raghavan Narayanan died and his wife and son viz., second and third respondents respectively were brought on record as his legal heirs and were arrayed as the respondents 2 and 3 in this petition. Both the respondents viz., Janaki Meera Krishnamurthi and Aniruddh Narayanan Chitoor have given their consent affidavits for grant of succession certificate in favour of the petitioner and their respective consent affidavits have been marked as Exs.P.7 and P.8 before the Learned Master.

9. The details of securities mentioned in the schedule is also proved through the statement of valuation filed by the petitioner dated 12.01.2019, which has been marked as Ex.P5.

10. After giving due consideration to the evidence available on record and after perusing the contents of the petition, this Court is satisfied that the petitioner has succeeded the Estate of the deceased C.N.Raghavan. Therefore, the petition is ordered as prayed for and a direction for grant of Succession Certificate to the petitioner/Mrs.Rajalakshmy Ganesh with power to collect the debts with accrued interest and securities, receive the dividends thereon and negotiate and transfer the securities specified in the schedule, is issued. The petitioner is directed to render account once in a year.

Sd/.A.Q.J.

30.11.2021 //Certified to be a true copy// Dated at Madras this the day of 2021. SU./14.12.2021 COURT OFFICER(O.S.) From 25.09.2008 the Registry is issuing certified copies of the Orders/Judgments/Decrees in this format.