H.S.Rakesh v. H.S.Muktha
K.KALYANASUNDARAM, J.
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 H.S.Seshadri ordinarily resided at Flat H1, Mayflower Garden, Srinivasa Avenue Road, Raja Annamalaipuram, Chennai-600 028 and died on 06.03.2018 at Billroth Hospital, R.A.Puram, Chennai-28. 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 his death, left behind his surviving widow/the respondent herein and his only son/the petitioner herein, as his Class-I legal heirs, and they are entitled to a share in the estate.
3. The Succession Certificate is required for the purpose of receiving the securities, for which, the respondent has given her consent. The assets in respect of which the Succession Certificate is required are of the total value of Rs.2,00,000/-. No application has been made to any District Court or delegate 1 / 4
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 his properties and 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 P6.
a) Ex.P1 is the computer generated copy of the death certificate of Mr.Seshadri, who died on 06.03.2018.
b) Ex.P2 is the computer generated copy of the Legal Heirship certificate dated 28.08.2018 in respect of Mr.H.S.Seshadri. c) Ex.P3 is the original share certificate bearing registered Folio No.4519 and certificate No.60124 issued by Shriram City Union Finance Limited standing in the name of Mr.H.S.Seshadri. d) Ex.P4 is the original share certificate bearing registered Folio No.4519 and certificate No.60125 issued by Shriram City Union Finance Limited standing in the name of H.S.Seshadri. e) Ex.P5 is the original share certificate bearing registered Folio No.4519 and Certificate No.60126 issued by Shriram City Union Finance Limited standing in the name of H.S.Seshadri. f) Ex.P6 is a copy of paper publication effected in one issue of Tamil daily "Maalai Sudar" dated 01.08.2019.
He has further stated in his evidence that he has not filed any other petition seeking the same relief.
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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 directed to render account once in a year.
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K.KALYANASUNDARAM, J.
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