S.V.S.Aravind Prasad v. No Respondent

O.P.No.422 of 2023 N.SATHISH KUMAR, J 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 petitioner.

2. It is the case of the petitioner that Sri.Nageswara Rao died on 01.12.2010 at Chennai. The deceased was ordinarily residing 3-A, Dev Apartments, No.17, Sundararajan Street, Abhiramapuram, Chennai 600018. He left the holdings specified in the schedule to the petition. The mother of the petitioner viz., S.Seshammal is also no more. She died on 22.01.2016 leaving behind the petitioner (son) as the only surviving legal heir of deceased S.Nageswara Rao. The parents of the deceased predeceased him. The petitioner claims to be the only legal heir of the deceased Nageswara Rao. The deceased died intestate and though due and diligent search has been made for a Will, none has been found. The succession certificate is required for the purpose of transferring the shares/securities.

The assets in respect of which the succession certificate is required are of the value of Rs.26,07,800/-. 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 his favour for the purpose of transferring of shares held in the name of the deceased.

3.The petitioner examined himself as P.W.1 and marked Exs.P1 to P5. Ex.P.1 is the computer generated death certificate of the deceased. Ex.P.2 is the photocopy of the legal heirship certificate of the deceased. Ex.P.3 is the computer generated death certificate of late Mrs.Seshamma. Ex.P.4 is the photocopy of the legal heirship certificate of late S.Seshamma. Ex.P.5 is the photocopy of the share holding confirmation letter dated 17.11.2021 issued by M/s.Amruthanjan Health Care Limited in respect of the shares held by the deceased Nageswara Rao.

4.Considering the averments made in the petition and the documents filed by the petitioner, I am satisfied that the petitioner has succeeded the Estate of the deceased S.Nageswara Rao. Therefore, the petition is ordered as prayed for and a direction for grant of Succession Certificate to the petitioner with power to collect the debts and to receive interests and negotiate and transfer the deposits specified in the schedule, is issued. The petitioner is directed to render account once in a year.

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N.SATHISH KUMAR, J kmk O.P.No.422 of 2023 09..10..2023