Shreekumar Varma v. No Respondent

IN THE HIGH COURT OF JUDICATURE AT MADRAS

Dated : 06.07.2020

CORAM

THE HONOURABLE Ms. JUSTICE P.T. ASHA 1.Shreekumar Varma 2.Shobhana Varma ...

Petitioners Prayer: Original Petition filed under Section 372 of Indian Succession Act Read with Order XXV Rule 6 of Original Side Rules praying that a Succession Certificate may be granted in favour of the 1st and 2nd petitioners with power to collect the securities, to receive interest and dividends and to negotiate and transfer the securities specified in the schedule.

For petitioners :

M/s.Surasika Parthasarathy 1/4

ORDER

The above petition is filed for grant of a Succession Certificate to the petitioners in respect of the securities described in the schedule to the petition.

2. The said security belonged to the mother of the petitioners, namely, Indira Varma who had died on 20.07.2017. The petitioners are the only Class-I legal heirs of the deceased Indira Varma and despite due and diligent search the petitioners have not come across any Will executed by the deceased. The petitioners therefore seek to have the grant of Succession Certificate in their favour to collect the securities and receive dividend thereon.

3. The 1st petitioner has adduced evidence as P.W.1 and marked Ex.P.1 to Ex.P.4. Ex.P.1 being the death certificate of the said Indira Varma, Ex.P.2 the legal heirship certificate, Ex.P.3 the share certificate and Ex.P.4 is the paper publication effected in the Tamil Daily "Maalai 2/4

Sudar" dated 01.08.2019.

4. Considering the documents filed and the oral evidence of the petitioners it is clear that the petitioners are the only surviving legal heirs of the said Indira Varma. Accordingly, the Original Petition is allowed and the Succession Certificate is granted in favour of both the petitioners in respect of the securities detailed in the schedule to the petition. No costs.

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