Securities Of R.Parthasarathy v.
O.P.No.812 of 2017 N.SATHISH KUMAR, 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, 1956 to grant succession certificate in favour of the petitioners.
2. It is the case of the petitioners that the deceased R.Parthasarathy, died on 25.01.2015 and he was ordinarily residing at No.3/139/a, 7th Street, K.K.Nagar, Kattupakkam, Chennai 600 056. The deceased died as a bachelor. The petitioners are the brothers and sisters of the deceased. The deceased died intestate and though due and diligent search has been made for a Will, but none has been found. According to the petitioners, they are the only legal heirs of the deceased and are entitled to the share of the estate. The parents of the deceased R.Parthasarathy have predeceased him. The succession certificate is required for the purpose of transmission of shares. The said assets in respect of which the succession certificate is required is
of the value of Rs.2,67,556/-. No application for a succession certificate in respect of any debts or securities belonging to the estate of the said deceased has been made to any District Court or delegate or to any High Court.
3. The 1st petitioner examined himself as P.W.1 and marked Exs.P1 to P4.
(i) Ex.P1 is the computer generated copy of the death certificate of his brother deceased R.Parthasarathy, who died on 25.01.2015.
(ii) Ex.P2 is the photocopy of the legal heir certificate dated dated 16.04.2016 in respect of his deceased brother. (iii)Ex.P3 is the photocopies of series of 3 Nos. of share certificates dated 22.12.1994, 19.02.1996 by Shriram - City Union Finance Limited.
(iv)Ex.P4 is the copy of the paper publication effected in one issue of Tamil Daily "Malai Chudar" dated 14.12.2017. He has further stated in his evidence that he has not filed any other petition before any other Court seeking the same relief.
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 R.Parthasarathy. 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 and negotiate and transfer the securities specified in the schedule, is issued. The petitioners are directed to render account once in a year.
04.04.2018 kas
N.SATHISH KUMAR, J.
kas O.P.No.812 of 2017 04.04.2018