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Madras High CourtOP/288/2017granted

Securities Of Dodla v.

2017-10-03Honourable Mr Justice C.V. Karthikeyan4 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

(TESTAMENTARY AND INTESTATE JURISDICTION) TUESDAY, THE 03RD DAY OF OCTOBER 2017 THE HON'BLE MR.JUSTICE C.V.KARTHIKEYAN O.P.No.288 of 2017 In the matter of the Indian Succession Act XXXIX of 1925 And In the matter of Certain Securities belonging to Dodla Veeruraghava Reddy - Deceased Intestate.

1.DODLA VENKATARAMANI, W/o.Dodla Veeruraghava Reddy, No.98/B, 2nd Floor, Peters Road, Royapettah, Chennai-600 086.

2.ARCHANA REDDY, D/o.Dodla Veeruraghava Reddy, No.11, Starlight lsle, Ladera Ranch, CA-92694, USA.

3.DODLA ABISHEK, S/o.Dodla Veeruraghava Reddy, No.250, N College Park Drive, Apt J 21, Upland, CA 91786, USA.

...Petitioners

Original Petition praying that this Hon'ble Court be pleased to that a Succession Certificate may be granted to the 1st petitioner with power to collect the securities and to receive the interest and dividends on and negotiate and transfer the securities specified in the schedule hereto.

This Original Petition coming on this day before this court for hearing the court made the following order: 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 1st petitioner, Dodla Venkataramani.

2.Heard the learned counsel for the petitioners.

3. It is the case of the petitioner that Dodla Veeruraghava Reddy died on 16.06.2015 at Baru, Saidham, Saidham Marg, Barmasia, Giridih, State of Jharkhand, India and the deceased was ordinarily residing at, No.98/B, 2nd Floor, Peters Road, Royapettah, Chennai 600 086. The deceased died intestate and that due and diligent search has been made for a Will but none has been found. The 1st Petitioner is the wife of the deceased. Petitioners 2 and 3 are daughter and son of the deceased. The succession certificate is required for the purpose of the release of the holding in favour of the petitioners who are the legal heirs of the deceased. The said assets in respect of which the succession certificate is required is valued to Rs.1,66,50,690/-(Rupees One crore sixty six lakhs fifty thousand six hundred and ninety only). No application for a succession certificate has been made to any District Court or delegate or to any High Court. Hence, these petitioners have approached this Court for grant of

succession certificate in the name of 1st Petitioner, Dodla Venkataramani with power to collect the debts and to receive the interest as specified in the schedule.

4. The petitioner examined herself as P.W.1 and marked Ex.P1 to P6 viz., Ex.P1 is the original death certificate of 1st petitioner's deceased husband Dodla Veeruraghava Reddy, who died on 16.06.2015.

Ex.P2 is the original legal heirship certificate dated 26.07.2016 in respect of 1st petitioner's husband. Ex.P.3 is the computer generated copy of the holding statement in respect of 1st petitioner's deceased husband as on 28.07.2016.

Ex.P.4 is the Transmission form.

Ex.P.5 is the computer generated copy of the share price.

Ex.P.6 is the copy of the paper publication effected in one issue of Tamil daily "Maalai Sudar" dated 05.05.2017. She has further stated in her evidence that she has not filed any other petition before any other Court seeking the same relief.

6. Considering the averments made in the petition and the documents filed by the 1st petitioner, I am satisfied

that the 1st petitioner has succeeded the Estate of the deceased Dodla Veeruraghava reddy. Therefore, the petition is ordered as prayed for and a direction for grant of Succession Certificate to the 1st petitioner with power to collect the securities and to receive the interest and dividends on and negotiate and transfer the securities specified in the schedule, is issued. The petitioners are directed to render account once in a year.

sd/-C.V.K.J.

03.10.2017 //Certified to be a true copy// Dated this the day of 2017.

EM/06.10.2017 COURT OFFICER From 25.09.2008 the Registry is issuing certified copies of the Order/Judgment Decree in this format.