N.Deepa v. No Respondent
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 petitioners.
2. It is the case of the petitioners that the deceased Capt.R.Chandrasekhar, Son of Shri Rajamannar Naidu and Mahanambal ordinarily resided at No.54, Landons Road, Kilpauk, Chennai-600 010 and died intestate on 04.05.2016. 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 the petitioners herein, as his Class-I legal heirs, and they are entitled to half complete share of the estate.
3. The Succession Certificate is required for claiming the said amount of the deceased, which is payable to the petitioners on the intestate death of Late R.Chandrasekhar. The assets in respect of which the Succession Certificate is required are of the total value of Rs.6,96,288/-. No application has been made to any District Court or delegate or to any High Court for Probate of any Will of the deceased or for Letters of Administration with or without the Will annexed 1 / 4
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 first petitioner examined herself as PW-1 and marked exhibits Exs.P1 to P6.
a) Ex.P1 is the photocopy of her Aadhaar Card bearing No.6939 9195 1982 (Marked after comparing and verifying with the original) b) Ex.P2 is the photocopy of the Aadhaar card of the 2nd petitioner bearing No.3186 8778 3894 (Marked after comparing and verifying with the original).
c) Ex.P3 is the computer generated copy of the death certificate of Capt.Rajamannar Chandrasekhar, who died on 04.05.2016. d) Ex.P4 is the original Legal Heirship certificate dated 26.07.2016 in respect of Mr.R.Chandrasekhar.
e) Ex.P5 is the original statement of accounts dated 19.03.2019 bearing No.81006 in the name of R.Chandrasekar issued by Intime Equities Limited.
f) Ex.P6 is a copy of paper publication effected in one issue of Tamil daily "Makkal Kural" dated 11.09.2019.
She has further stated in her evidence that she 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 petitioners, I am satisfied that the petitioners have succeeded the Estate of the deceased. 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 interest and dividends, negotiate and transfer the Schedule mentioned securities, is issued. The petitioners are directed to render account once in a year.
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K.KALYANASUNDARAM, J.
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