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Madras High CourtOP/362/2020ordered

G. Srividhya v. Nil

2021-03-12Honourable Mr Justice R. Pongiappan5 pages

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IN THE HIGH COURT OF JUDICATURE AT MADRAS

(TESTAMENTARY AND INTESTATE JURISDICTION) FRIDAY, THE 12TH DAY OF MARCH 2021 THE HON'BLE MR. JUSTICE R.PONGIAPPAN O.P.No.362 of 2020 In the matter of Indian Succession Act XXXIX of 1925 And In the matter of certain Debts and Securities of V.Arun Ramani Deceased Intestate

1. Mrs,G.Srividhya, W/o.Late V.Arun Ramani,

2. Minor A.Sanjula, D/o.Late V.Arun Ramani, Rep by 1st Petitioner, Who is mother and Natural Guardian, Both 1 and 2 resing at No.1C, Windsor Court, 1st Main Road, Swaminathan Nagar, Kottivakkam, Thiruvanmiyur Sholinganallur, Chennai-600 041

3. Mrs.V.LALITHA W/o.Late Venkataraman, Residing at No.55/29, Abraham Street, Mylapore, Chennai-600 004 ..Petitioners

/ 2 / Original Petition praying that this Hon'ble Court be pleased to grant Succession Certificate to the Petitioners herein with power to collect the debts and securities of the deceased V.Arun Ramani and to receive the interest and dividends thereon and negotiate and transfer the securities 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 read with Order XXV Rule 6 of the Madras High Court Original Side Rules, to grant succession certificate in favour of the petitioners with power to collect the debts and securities of the deceased V.Arun Ramani and to receive interest and dividends thereon and negotiate and transfer the securities as specified in the Schedule of the Petition.

2. Heard the learned counsel for the petitioners.

3. It is the case of the petitioners that the 1st Petitioner is wife, 2nd Petitioner is daughter and the 3rd Petitioner is mother of the deceased Mr.V.Arun Ramani, who died intestate on 19.07.2019. At the time of his death the deceased ordinarily resided at Kottivakkam, Chennai and the bank in which shares purchased by the deceased situates in Chennai which comes

/ 3 / under the jurisdiction of this Court.

4. The deceased during his life time had invested money in equity shares having depository account with HDFC Bank Ltd., Mandaveli, Chennai on his individual name as specified in the schedule of the property. The petitioners are the only legal heirs and there are no other legal heirs for deceased Mr.V.Arun Ramani. Meanwhile during the life time of V.Arun Ramani he and his wife had jointly invested amounts in equity shares with HDFC Bank Ltd., Mandaveli, Chennai. The value of the share as on date whne the petition filed is Rs.20,31,224/- and in respect of which succession certificate is required for the value of Rs.21,76,517/-

5. For the purpose of claiming the above amount this petition is filed. The deceased died intestate and though due and diligent search has been made for a Will, none has been found. No application for a succession certificate has been made to any District Court or delegate or to any High Court for probate of any Will of the said deceased for Letters of Administration with or without the Will annexed to his properties and credits. Hence, the Petitioners prays to grant Succession Certificate with power to collect the debts and securities of the deceased V.Arun Ramani and to receive interest and dividends thereon and negotiate and transfer the

/ 4 / securities as specified in the Schedule of the Petition.

6. The 1st Petitioner was examined as P.W.1 and Exs.P1 to Ex.P.7 were marked through her.

7. P.W.1 in her evidence has stated that the 2nd petitioner is her dauthter, 3rd Petitioner is her mother-in-law. Her husband Mr.V. Arun Ramani who died intestate on 19.07.2019 leaving behind his legal heirs, who are Petitioners 1 to 3. The deceased during his lifetime had invested mony in equity shares having depository account with HDFC Bank Ltd., Mandaveli, Chennai in his individual name as detailed in the schedule. For the purpose of claiming the amount lying in the above shares the petitioners filed this Petition. Ex.P.1 is the computer generated death certificate of Mr.V.Arun Ramani, who died on 19.07.2019, Ex.P.2 is the computer generated legal Heirship Certificated dated 11.09.2019 in respect of the deceased Mr.V.Arun Ramani. Ex.P.7 is the paper publication effected on 11.11.2020 and none has objected for it.

8. 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 Mr.V.Arun Ramani. Therefore, the

/ 5 / petition is ordered as prayed for and a direction for grant of Succession Certificate to the petitioners with power to collect the debts and securities of the deceased V.Arun Ramani and to receive interest and dividends thereon and negotiate and transfer the securities as specified in the Schedule of the Petition, is issued.

Sd/.R.P.A.J.

12.03.2021 //Certified to be a true copy// Dated this the day of 2021.

SU.17.04.2021 COURT OFFICER(O.S.) From 25.09.2008 the Registry is issuing certified copies of the Order/Judgment Decree in this format.