Raji Parthasarathy v. P.Radha

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 28.04.2023

CORAM

THE HONOURABLE MR.JUSTICE K.KUMARESH BABU Raji Parthasarathy ... Petitioner Vs P.Radha ... Respondent 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 powers 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.Salai Varun For Respondent : No appearance

ORDER

The petitioner seek Succession Certificate in respect of the securities held by K.V.Parthasarathy, who died intestate on 15.04.2021. The petitioner is the wife and the respondent is the daughter of the deceased K.V.Parthasarathy. 1/4

2. The petitioner has been examined as P.W.1. She has produced the death certificate of the deceased K.V.Parthasarathy, 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 respondent are the only legal heirs of the deceased. It is to be noted that the respondent has appeared through a counsel, but no objections were raised or any consent affidavit was also not marked on her behalf. 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 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.Raji Parthasarathy 2/4

Documents exhibited by the petitioner:

Exhibits Documents Ex.P1 Computer generated death certificate of K.V.Parthasarathy Ex.P2 Computer generated legal heir certificate of K.V.Parthasarathy Ex.P3 Photocopy of the petitioner's Aadhar card Ex.P4 Photocopy of the Aadhar card of the respondent Ex.P5 Online printout of statement of holdings as on 23.03.2022 issued by Stock Holding Corporation of India Ltd., in respect of shares and securities held by K.V.Parthasarathy in client ID No.22825485 Ex.P6 Paper publication effected in one issue of Tamil daily "Makkal Kural" dated 23.02.2023 3/4

K.KUMARESH BABU,J.

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