T.K.Sunderaswaran And 2 Others v. No Respondent
O.P.No.404 of 2023 N.SATHISH KUMARR, 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. The 1st petitioner is the husband of one Mrs.S.Bhagyalakshmi. The petitioners 2 and 3 are son and daughter of the 1st petitioner. It is the case of the petitioners that Bhagyalakshmi died on 09.01.2021 at New No.28, Old No.976/A, Lakshmanasamy Salai, K.K.Nagar, Chennai 600 078. The deceased was ordinarily residing at the above said address with the petitioners. The parents of the deceased predeceased her. Thus, the petitioners are the only surviving legal heirs of the deceased. The deceased was holding share certificates more fully described in the schedule to the petition. 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 the purpose of transferring the shares. The assets in respect of which the succession certificate is required are of the value of Rs.17,71,024.64 paise. No 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 petitioners have approached this Court for grant of succession certificate in their favour with power to collect the securities and to receive the interest and dividends accrued thereon, negotiate and transfer the securities specified in the schedule.
3.The 1st petitioner examined himself as P.W.1 and marked Exs.P1 to P5. Ex.P.1 is the computer generated death certificate of late S.Bhagyalakshmi. Ex.P.2 is the computer generated legal heir certificate of late S.Bhagyalakshmi. Ex.P.3 is the computer generated statement of Demat Account enlisting the securities and shares of the deceased S.Bhagyalakshmi. Ex.P.4 is the photocopy of the Aadhaar Card of the 1st petitioner. Ex.P.5 is the photocopy of the Family Card.
4. Considering the averments made in the petition and the documents filed by the petitioners, I am satisfied that the petitioners have succeeded the Estate of the deceased S.Bhagyalakshmi. Therefore, the petition is ordered as prayed for and a direction for grant of Succession Certificate to the petitioners with power to collect the securities and to receive the interest and dividends accrued thereon, negotiate and transfer the securities
specified in the schedule, is issued. The petitioners are directed to render account once in a year.
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