Mrs.Lakshmi Ravikumar @ Alambalam Krishnan Lakshmi And Another v. No Respondent
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IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 28.08.2024 CORAM :
THE HONOURABLE MR. JUSTICE RMT.TEEKAA RAMAN 1.Lakshmi Ravikumar @ Alambalam Krishnan Lakshmi 2.Vinod Krishnaswamy Ravikumar ... Petitioners PRAYER : Original Petition filed under Section 372 and Part X of the Indian Succession Act, XXXIX of 1925 read with Order XXV Rule 6 of O.S. Rules to grant the 1st petitioner with power to collect the securities and receive the interest and dividends thereon and negotiate and transfer the securities specified in the schedule.
For Petitioners :
Mr.S.Rajasekar
O R D E R
The petition has been filed for issuance of succession certificate under Section 372 of the Indian Succession Act, 1925 and under Order XXV Rule 6 of O.S. Rules.
2.The first petitioner is the widow of deceased Krishnaswami Ravikumar 1 / 5
and the second petitioner is the son of the first petitioner. The said Krishnaswami Ravikumar died on 28.01.2023 and he died intestate. Despite due and diligent search, no will was found. The following individuals are the surviving legal heirs of the deceased Krishnaswami Ravikumar: S.No.
Name Age Relationship with the deceased Wife (1st petitioner) 1.
Lakshmi Ravikumar @ Alambalam Krishnan Lakshmi 2.
Vinod Krishnaswamy Ravikumar Son (2nd petitioner)
3. The petitioners are the Class I heirs of the deceased Krishnaswami Ravikumar. After following due procedure, the Petitioners were invited to tender evidence. The first petitioner who examined herself as P.W.1 marked the death certificate and legal heir ship certificate of Krishnaswami Ravikumar as Exs.P1 and P2. She marked the documents relating to the share certificates as Exs.P4 and P5 and the copy of the paper publication as Ex.P6, which are as follows: Exhibits Documents P1 The computer generated death certificate of Krishnaswami Ravikumar P2 The computer generated legal heir ship certificate of Krishnaswami Ravikumar P3 The computer generated account summary dated 2 / 5
Exhibits Documents 09.10.2023 in respect of the shares held by K.Ravikumar bearing registered folio No.2843124/32 P4 The computer generated account summary dated 09.10.2023 in respect of the shares held by K.Ravikumar bearing registered folio No.1418580/38 P5 The computer generated account summary dated 09.10.2023 in respect of the shares held by K.Ravikumar bearing registered folio No.5393860/57 P6 The copy of the paper publication effected in one issue of Tamil Daily "Makkal Kural" dated 20.04.2024 P7 The certificate under Section 65B of the Indian Evidence Act, 1872
4. The second petitioner, who is currently residing in United States of America, has given a consent affidavit. It is noted that the second petitioner returned from United States of America to swear an affidavit on 13.01.2024 in the presence of an Advocate having Enrollment No.481/98. In the affidavit, he had stated that he has no objection for granting Succession Certificate in favour of his mother-first petitioner.
5. In view of both oral and documentary evidence adduced before this Court, I find no impediment for grant of succession certificate in favour of the 3 / 5
1st petitioner. Hence, the Original Petition stands allowed. The succession certificate shall be issued in favour of the 1st Petitioner in accordance with the rules.
28.08.2024 Index : Yes / No Speaking / Non-speaking order shk RMT.TEEKAA RAMAN, J.
shk 4 / 5
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