K.Anitha Jagannath v. No Respondent
O.P. No.711 of 2019 ABDUL QUDDHOSE, J.
This petition has been filed for Succession Certificate. 2.
The petitioners are the children of the deceased Dr.R.Venkataramana Rao, who died leaving behind the securities mentioned in the schedule to the petition filed in support of O.P. No.711 of 2019. The petitioners are the only Legal Heirs of the deceased Dr.R.Venkataramana Rao. The wife of Dr.R.Venkataramana Rao also pre-deceased him. Dr.Venkataramana Rao died on 22.06.2018 leaving behind the petitioners as his only Legal Heirs.
3. Since the Companies in which the said securities were held by the deceased, have insisted for the production of Succession Certificate, the petitioners have approached this Court seeking for Succession Certificate.
4. Before the learned Master, the first petitioner was examined as a witness (P.W.1) and she has deposed on behalf of the second petitioner also. In her deposition, she has reiterated the contents of the petition filed in support of O.P. No.711 of 2019. Through P.W.1, the following documents were 1/5
marked as Exhibits :
Exhibits Nature of the document Ex.P-1 Photocopy of the Aadhaar card of the first petitioner bearing No.5546 0544 8987.
Ex.P-2 Photocopy of the General Power of Attorney dated 05.01.2019 given by the 2nd petitioner in favour of the first petitioner registered as Doc. No.190 of 2019 at SRO, Tiruvallikeni. Ex.P-3 Computer generated Death Certificate of petitioners' father Mr.Venkataramana Rao, who died on 22.06.2018. Ex.P-4 Photocopy of the Death certificate of petitioners' mother Meena Rao, who died on 18.09.2017.
Ex.P-5 Photocopy of the Death certificate of petitioners' brother V.Satish, who died on 23.01.2018.
Ex.P-6 Computer generated Legal Heirship certificate dated 10.12.2018 in respect of petitioners' father Venkataramana Rao. Ex.P-7 Photocopy of the share certificates issued by Srichakra Tyres Limited standing in the name of petitioners' father Dr.R.Venkataramana Rao.
Ex.P-8 Downloaded copy of the valuation showing the value of each share as on 20.03.2019.
Ex.P-9 Original letter dated 11.02.2019 issued by Integrated Enterprises, T.Nagar, Chennai.
Ex.P-10 Paper publication effected in one issue of Tamil daily "Maalai Malar", Chennai edition dated 15.11.2019 and another issue of "Maalai Malar", Madurai edition dated 15.11.2019.
5. The second petitioner has also given Power of Attorney dated 05.01.2019 in favour of the first petitioner to file a petition seeking for Succession Certificate for the securities left behind by their father Late Dr.R.Venkataramana Rao.
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6. As seen from the evidence available on record, it is clear that Dr.R.Venkataramana Rao died on 22.06.2018 and has left behind the securities morefully described in the schedule to the petition filed in support of O.P. No.711 of 2019. His Death Certificate has been marked as Ex.P3. The details of the share certificates are proved through Ex.P7 and the same has also been described in the schedule to the petition filed in support of O.P. No.711 of 2019. Ex.P8 is the downloaded copy of the valuation showing the value of each share as on 20.03.2019. As seen from the Legal Heirship certificate of Dr.R.Venkataramana Rao, which has been marked as Ex.P6, the petitioners are the only Legal Heirs. The petitioners brother V.
Sathish and their mother Meena Rao have pre-deceased them as seen from the respective death certificates which have been marked as Exs.P4 & P5 respectively. Paper Publication has also been effected in one issue of Tamil daily viz., "Maalai Malar", Chennai edition dated 15.11.2019 and another issue of "Maalai Malar", Madurai edition, dated 15.11.2019 and has been marked as Ex.P10 with regard to O.P. No.711 of 2019.
7. An averment has also been made in the petition that no application has been made to the District Court or delegate or to any High Court for 3/5
Probate of any Will of the deceased or Letters of Administration with or without the Will annexed to the properties and credits of the deceased. No application for Succession Certificate in respect of any debts or security belonging to the estate of the deceased has been made to any District Court or delegate or to any High Court.
8.
After perusing and examining the pleadings as well as the evidence available on record, this Court is inclined to grant Succession Certificate in favour of the petitioners as prayed for in O.P. No.711 of 2019. Accordingly, O.P. No.711 of 2019 is allowed.
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ABDUL QUDDHOSE, J.
ab O.P. No.711 of 2019 23.12.2021 5/5