G.Geetha And 2 Others v. No Respondent

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 10.07.2024

CORAM

THE HONOURABLE MR.JUSTICE C.V.KARTHIKEYAN O.P. No. 763 of 2023 1.G.Geetha 2.R.Ganapathi 3.R.Arun Ramachandran ... Petitioners PRAYER: Original Petition filed under Section 372 and Part X of the Indian Succession Act, XXXIX of 1925 read with Order XXV Rule VI of Original Side Rules to issue succession certificate to the 2nd petitioner with power to collect the securities, to receive the interests, dividends thereon and negotiate and transfer the securities specified in schedule hereto.

For Petitioners : M/s.Kumarpal R Chopra

O R D E R

The petition has been filed under Section 372 of the Indian Succession Act, 1925, seeking succession certificate to be issued to the 2nd petitioner relating to the securities in the name of G.Ramachandran, the father of the petitioners who died intestate on 22.11.2013.

2.

The details of the securities have been given in the schedule to the petition. The 1st petitioner is his daughter and 2nd and 3rd petitioners are his son.

3.

After following due procedure, the petitioners were directed to tender evidence and accordingly, the 2nd petitioner examined himself as P.W.1. The death certificate of his father and his mother were marked as Exs.P1 and P2 and legal heirship certificate of his father and mother were marked as Exs.P3 and P4. The documents relating to the securities were marked as Ex.P5. The other two petitioners have granted their consent that the succession certificate may be issued in favour of the 2nd petitioner.

4.

Taking into consideration the nature of evidence adduced and documents produced, this Original Petition is allowed and succession certificate to be issued to the 2nd petitioner with power to collect the securities, to receive the interests, dividends thereon and negotiate and

transfer the securities specified in schedule to the petition on payment of appropriate succession duty, if not paid earlier. Index :Yes/No gsa APPENDIX Petitioner's witness:

P.W.1 - Mr.R.Ganapathy Documents marked:

Exhibits Documents Ex.P1 Computer generated death certificate of Mr.G.Ramachandran.

Ex.P2 Computer generated death certificate of Mrs.Subbalakshmi. Ex.P3 Photocopy of the legal heirship certificate of Mr.G.Ramachandran (compared with the original). Ex.P4 Legal heir certificate of Mrs.R.Subbalakshmi. Ex.P5 Mutual fund consolidated account statement during the period 01.06.2022 to 30.06.2022 in respect of Mr.G.Ramachandran.

Ex.P6 Copy of the paper publication effected in one issue of Tamil Daily "Makkal Kural" dated 06.03.2024.

Ex.P7 Certificate under Section 65B of the Indian Evidence Act,

Exhibits Documents 1872 in respect of Exs.P1 and P2.

gsa

C.V.KARTHIKEYAN,J.

Gsa O.P. No. 763 of 2023