M.R.Gokul Krishnan v. R.Mallika

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 27.04.2023

CORAM

THE HONOURABLE MR.JUSTICE K.KUMARESH BABU M.R.Gokul Krishnan ... Petitioner Vs 1.R.Mallika 2.R.Nagalakshmi ... 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 Petitioner with power to collect the securities and to receive the interest and dividends on/ and negotiate and transfer the securities as specified in the schedule annexed hereto.

For Petitioner : Mr.K.Sukumaran For Respondents : No appearance

ORDER

The petitioner seek Succession Certificate in respect of the securities held by K.Rajasekaran, who died intestate on 30.01.2021. The petitioner is the son, the first respondent is the wife and the second respondent is the daughter of the deceased K.Rajasekaran.

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2. The petitioner has been examined as P.W.1. He has produced the death certificate of the deceased K.Rajasekaran, as Ex.P1, and the legal heirship certificate of the deceased as Ex.P2. A perusal of Ex.P2 shows that the petitioner and the respondents are the only legal heirs of the deceased. The respondents have given their consent affidavits expressing their no objection for the grant of succession certificate, their consent affidavits is marked as Exs. P6 and P7. A paper publication has been made and any objections have not been received.

3. In view of the above said evidence, the Original Petition is allowed by granting Succession Certificate in favour of the petitioner since the respondents one and two have signified their consent for the grant, in respect of the securities mentioned in the schedule to the petition. Index :Yes/No Speaking order: Yes/ No Petitioner's witness:

P.W.1 - Mr.R.Gokul Krishnan 2/4

Documents exhibited by the petitioner:

Exhibits Documents Ex.P1 Computer generated death certificate of Mr.Rajasekaran Ex.P2 Computer generated legal heir certificate of Rajasekaran Ex.P3 Photocopy of the petitioner's Aadhar card Ex.P4 Photocopy of the petitioner's PAN card Ex.P5 Online printout of statement of accounts as on 03.03.2022 held by K.Rajasekaran in respect of shares and security issued by NSDL Ex.P6 Consent affidavit given by the 1st respondent herein Ex.P7 Consent affidavit given by the 2nd respondent herein Ex.P8 Copy of paper publication effected in one issue of Tamil daily "Makkal Kural" dated 25.01.2023 3/4

K.KUMARESH BABU,J.

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