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Madras High CourtOP/632/2021allowed

Gopalkrishna v. Nil

2022-06-28Honourable Mr Justice Krishnan Ramasamy4 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

(TESTAMENTARY AND INTESTATE JURISDICTION) TUESDAY, THE 28TH DAY OF JUNE 2022 THE HON'BLE MR. JUSTICE KRISHNAN RAMASAMY O.P.No. 632 of 2021 In the matter of the Indian Succession Act, XXXIX of 1925 and In the matter of the securities in respect of S.Rajakumari (deceased) Intestate Gopalakrishnan, (M/A-58 years), S/o.Late Sundaram, Old No.39, New No.6, Kamdhar Nagar, 1st Street, Nungambakkam, Chennai - 600 034.

..Petitioner This original petition praying that this Hon'ble court be pleased to issue a SUCCESSION CERTIFICATE to the petitioner with power to collect the securities and to receive interest and dividend on and negotiate and transfer the securities as specified in the Schedule in the petition. 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, 1925 read with Order XXV Rule 6 of the Original Side Rules, to grant succession certificate in favour of the petitioner.

2. It is the case of the petitioner that he is the son of the deceased S.Rajakumari, who died intestate on 03.10.2020. According to the petitioner, the deceased S.Rajakumari owned various securities as stated in the schedule. Therefore, he has filed the present petition for grant of succession certificate in favour of petitioner herein, with the power to collect the securities and to receive interest and dividends on and negotiate and transfer the securities as specified in the schedule. 3.It is further stated that other than the petitioner, there are no other relatives to succeed to the estate of deceased S.Rajakumari as legal heir. Further, 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 petitioner has approached this Court for grant of succession certificate in favour of the petitioner with the power to collect the securities and to receive interest and dividends on and negotiate and transfer the securities as specified in the schedule.

4. In order to prove his case, the petitioner examined himself as P.W.1 and marked the following documents;

(1) Ex.P1 - photocopy of the Aadhaar card

(2) Ex.P2 - Photocopy of the death certificate of Sundaram

(3) Ex.P3 - computer generated death certificate of S.Rajakumari

(4) Ex.P4 - computer generated Legal Heirship certificate in respect of Rajakumari

(5) Ex.P5 - Online copy of the HDFC bank depository holding details standing in the name of Rajakumari Sundaram.

(6) Ex.P6 - Copy of paper publication effected in one issue of Tamil daily "Makkal Kural" dated 08.03.2022.

5.Considering the averments made in the petition and the evidence tendered by PW.1 along the documents marked as Exs.P1 to P6, this Court is satisfied that the petitioner has succeeded the Estate of the deceased. Therefore, the petition is ordered as prayed for and a direction for grant of Succession Certificate to the petitioner, with the power to collect the securities and to receive interest and dividends on and negotiate and transfer the securities as specified in the schedule, is issued.

6.Accordingly, the petitioner is entitled for the relief as prayed for and this Original Petition stands allowed.

Sd/.K.R.J.

28.06.2022 //Certified to be a true copy// Dated at Madras this the day of 2022. su.05.07.2022 COURT OFFICER(O.S.) From 25.09.2008 the Registry is issuing certified copies of the Orders/Judgments/Decrees in this format.