N.Ponnambalam v. Lalitha

O.P.No.941 of 2019 V.PARTHIBAN,J.

This Petition has been filed under Section 372 of the Indian Succession Act read with Order XXV Rule 6 of the Madras High Court Original Side Rules, to grant succession certificate in favour of the petitioners.

2.It is the case of the petitioner that he is the legal heir of deceased P.Natesan. The petitioner is the son of the deceased. The said P.Natesan died on 27.07.2012 at Malar Hospitals Limited,52, 1st main road, Gandhi Nagar, Adayar, Chennai. Other than the petitioner and respondents, there are no other relatives to succeed the estate as Class-I heir. Prior to and at the time of his death, the deceased had his fixed place of residence at No.17, North Avenue, Kesava Perumalpuram, Raja Annamalaipuram, Chennai-28. He left the schedule mentioned properties and died within the jurisdiction of this Court. The deceased was having number of securities in several companies. On account of the death, the petitioner being his successor, is entitled for the securities lying in two companies.

The deceased died intestate and though due and diligent search has been made for a Will, none has been found. The succession certificate is required for transmission of shares standing in the name of the deceased. The asset in respect of which the succession certificate is required is of the value of Rs.37,19,484.9.

application for a succession certificate in respect of any debt or security belonging to the estate of the said deceased has been made to any District Court or delegate or to any High Court. Hence, the petitioner had approached this Court for grant of succession certificate in his name with power to collect the debts and to receive the interest and dividends on and negotiate and transfer the securities specified in the schedule.

3.The petitioner examined himself as P.W.1 and marked Exs.P1 to P9. Ex.P1 is the computer generated death certificate of P.Natesan, who died on 27.07.2012. Ex.P2 is the photocopy of the legal heirship certificate dated 22.10.2012 in respect of deceased P.Natesan. Ex.P3 is the photocopy of the share certificate bearing certificate No.509939 standing in the name of P.Natesan. Ex.P4 is the photocopy of the share certificate bearing certificate No.360 bearing in the name of deceased. Ex.P5 is the consent affidavit given by the 1st respondent. Ex.P6 is the is the consent affidavit given by the 2nd respondent. Ex.P7 is the consent affidavit given by the 3rd respondent. Ex.P8 is the consent affidavit given by the 4th respondent. Ex.P9 is a copy of paper publication effected in one issue of Tamil daily "Maalai Malar" dated 05.09.2021. 4.Considering the averments made in the petition and the

documents filed by the petitioner, this Court satisfied that the petitioner had succeeded the Estate of the deceased P.Natesan. Therefore, the petition is ordered as prayed for and a direction for grant of Succession Certificate to the petitioner with power to collect the debts and to receive the interest and dividends on and negotiate and transfer the securities specified in the schedule, is issued. The petitioner is directed to render account once in a year. 21.10.2021 mrm

V.PARTHIBAN,J.

mrm O.P.No.941 of 2019 21.10.2021