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Madras High CourtOP/354/2019allowed

Indhumathi C. v. No Respondent

2019-08-30Honourable Mr Justice R. Subramanian3 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

(TESTAMENTARY AND INTESTATE JURISDICTION) FRIDAY, THE 30TH DAY OF AUGUST 2019 THE HON'BLE MR. JUSTICE R.SUBRAMANIAN O.P.No.354 of 2019 In the matter of Indian Succession Act, XXXIX of and In the matter of Securities of C.Sudarsana Srinivasan (Deceaed)Intestate

1. Mrs.INDHUMATHI C.

W/o.Sudarsana Srinivasan, No.809, Poonamallee High Road, Kilpauk, Chennai-600010.

2. Mr.C.SUNANDAN S/o.Sudarsana Srinivasan, No.809, Poonamallee High Road, Kilpauk, Chennai-600010.

3. Mr.C.KALIYAN S/o.Sudarsana Srinivasan, Represented by Power agent C.Sunandan, No.809, Poonamallee High Road, Kilpauk, Chennai-600010.

4.Mrs.D.R.GAYATHRI, W/o.D.S.Ram, # 873, 80 feet Road, 1st stage, Indira Nagar, Bangalore North, Bangalore, Karnataka-560038.

..Petitioners Original Petition praying that this Hon'ble Court be pleased that a Succession Certificate may be granted to the 2nd petitioner with power to collect the securities and to receive the interests dividends thereon, and negotiate and transfer the securities specified in the schedule.

SCHEDULE-Securities S.No.

Name of the Securities Amount of Securities on the date of petition Description date of petition , instrument, if any, by which the Securities is secured C.Sudarsana Srinivasan 44,42,350/- Procter and Gamble Hygiene and Health Care Limited Certificate No.6259.

This Original Petition coming on this day before this court for hearing the court made the following order: The petitioners, who are the wife, sons and daughter of the deceased C.Sudarsana Srinivasan, who died intestate on 16.06.2017 seek issuance of succession certificate in respect of the securities mentioned in the schedule to the petition.

2. The second petitioner has examined himself as P.W.1. He has produced the death certificate of the deceased as Ex.P1 and the legal heirship certificate as Ex.P2. The 3rd petitioner has executed a General Power of Attorney in favour of the second petitioner and the same has been marked as Ex.P4. A perusal of the Ex.P2 shows that the petitioners alone are the legal heirs of the deceased C.Sudarsana Srinivasan. The 1st, 3rd and 4th petitioners have filed their consent affidavits signifying their no objection for grant of succession certificate in favour of

the 2nd petitioner. Those affidavits have been marked as Exs.P5, P6 and P7 respectively. Necessary publication has been effected and no objections have been received.

3. In view of the evidence available, I find that the petitioners are the only legal heirs of the deceased and they are entitled to succession certificate. In view of the consent given by the petitioners 1, 3 and 4, this original petition is allowed granting succession certificate in respect of the securities mentioned in the schedule to the petition in favour of the 2nd petitioner. Sd/.R.S.M.J 30.08.2019 //Certified to be a true copy// Dated this the day of 2019.

SU/16.09.2019 COURT OFFICER From 25.09.2008 the Registry is issuing certified copies of the Order/Judgment Decree in this format.