Jagannadham Chetty P.V v. P.V.Kamala Kumari And 2 Others
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 10.03.2023
CORAM
THE HONOURABLE MR.JUSTICE K.KUMARESH BABU Jagannadham Chetty P.V.
... Petitioner Vs 1.P.V.Kamala Kumari 2.P.V.Jayalakshmi 3.P.V.Rangamannar Chetty ... Respondents PRAYER: Original Petition filed for Succession Certificate under Section 372 of Indian Succession Act, 1925 under Order XXV Rule 6 of Original Side Rules, prays that a Succession Certificate may be granted in favour of the first Petitioner with powers to collect and encash the securities and also receive the interest as specified in the schedule annexed hereto. For Petitioner : Mr.K.Balamurali for Mr.Shivakumaran & Suresh For Respondents : MR.G.S.Deepa for Mr.R.Kaandeeban
ORDER
The petitioner seeks Succession Certificate in respect of the securities held by P.Manickyamma, who died intestate on 13.06.2012. P V Seshagiri Rao husband of P.Manickyamma had died on 14.02.1998. The petitioner and the 3rd respondent are the sons and 1st and 2nd respondents are the daughters of the deceased P.Manickyamma.
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2. The petitioner has been examined as P.W.1. He has produced the death certificate of the deceased P.V.Seshagiri Rao and P.Manickyamma, as Exs.P1 and P2, and the legal heirship certificate of the deceased P.V.Seshagiri Rao and P.Manickyamma, as Ex.P3 and Ex.P4 respectively. A perusal of Ex.P4 shows that the petitioner and the respondents are the only legal heir of the deceased P.Manickyamma. The respondents 1 to 3 have filed their consent affidavits expressing their no objectoin for grant of Succession Certificate in favour of the petitioner. The said consent affidavits have been marked as Exs.P21 to P23. A paper publication has been made and no objections have been received. 3.In view of the above evidence, the Original Petition is allowed granting Succession Certificate in favour of the petitioner since the respondents 1 to 3 have signified their consent for the grant, in respect of the securities mentioned in the schedule to the petition. gba Index :Yes/No Petitioner's witness:
P.W.1 - Mr.Jagannadham 2/6
Documents exhibited by the petitioners:
Ex.P1 Death certificate of Mr.P.V.Seshagiri Rao Ex.P2 Death certificate of P.Manickyamma Ex.P3 Photocopy of the Legal Heirship certificate of Mr.P.V.Seshagiri Rao Ex.P4 Photocopy of the Legal Heirship certificate of Mr.P.Manickyamma Ex.P5 Photocopy of share certificate bearing certificate No.1177372 issued by the GlaxoSmithKline Pharmaceuticals Limited standing in the name of Mrs.Manickyamma Pottumarthy Ex.P6 Photocopy of share certificate bearing certificate No.177373 issued by the GlaxoSmithKline Pharmaceuticals Limited standing in the name of Mrs.Manickyamma Pottumarthy Ex.P7 Photocopy of share certificate bearing certificate No.0903753 issued by the GlaxoSmithKline Pharmaceuticals Limited standing in the name of Mrs.Manickyamma Pottumarthy Ex.P8 Photocopy of share certificate bearing certificate No.
0441722 issued by the GlaxoSmithKline Pharmaceuticals Limited standing in the name of Mrs.Manickyamma Pottumarthy Ex.P9 Photocopy of share certificate bearing certificate No.0903754 issued by the GlaxoSmithKline Pharmaceuticals Limited standing in the name of Mrs.Manickyamma Pottumarthy Ex.P10 Photocopy of the share certificate bearing certificate No.0903755 issued by the GlaxoSmithKline Pharmaceuticals Limited standing in the name of Mrs.Manickyamma Pottumarthy Ex.P11 Photocopy of the share certificate bearing certificate No.0903756 issued by the GlaxoSmithKline Pharmaceuticals Limited standing in the name of Mrs.Manickyamma Pottumarthy Ex.P12 Photocopy of the share certificate bearing certificate No.
Limited standing in the name of Mrs.Manickyamma Pottumarthy Ex.P.13 Photocopy of the share certificate bearing certificate No.0903758 issued by the GlaxoSmithKline Pharmaceuticals Limited standing in the name of Mrs.Manickyamma Pottumarthy Ex.P14 Photocopy of the share certificate bearing certificate No.0903759 issued by the GlaxoSmithKline Pharmaceuticals Limited standing in the name of Mrs.Manickyamma Pottumarthy Ex.P15 Photocopy of the share certificate bearing certificate No.0903760 issued by the GlaxoSmithKline Pharmaceuticals Limited standing in the name of Mrs.Manickyamma Pottumarthy Ex.P16 Photocopy of the account summary issued by the Franklin Templeton, Mumbai in respect of the shares and securities held by Mrs.Manikyamma in customer Folio No.14843029 Ex.P17 Photocopy of the share certificate bearing certificate No.
034478 issued by the Sri Chamundeswari Sugars Limited standing in the name of Mrs.Manickyamma Ex.P18 Photocopy of the share certificate bearing certificate No.42189 issued by the Sri Chamundeswari Sugars Limited standing in the name of Mrs.Manickyamma Ex.P19 Photocopy of the share certificate bearing certificate No.0048716 issued by the Sri Chamundeswari Sugars Limited standing in the name of Mrs.Manickyamma Ex.P20 Photocopy of the letter dated 30.08.2012 addressed to the petitioner by the Karvy Computershare Private Limited asking for succession certificate Ex.P21 Consent affidavit given by the 1st respondent Ex.P22 Consent affidavit given by the 2nd respondent Ex.P23 Consent affidavit given by the 3rd respondent Ex.
daily "Makkal Kural" dated 07.01.2023 K.KUMARESH BABU,J.
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