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Madras High CourtOP/517/2021ordered

R.Radhakrishnan v. Nil

2022-02-22Honourable Mr Justice P. Velmurugan5 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

(TESTAMENTARY AND INTESTATE JURISDICTION) TUESDAY, THE 22ND DAY OF FEBRUARY 2022 THE HON'BLE MR. JUSTICE P.VELMURUGAN O.P.No.517 of 2021 In the matter of Indian Succession Act XXXIX OF and In the matter of Securities belonging to Mrs.Usha Radhakrishnan-Deceased Intestate

1. Mr.R.RADHAKRISHNAN S/o.Late V.N.Raman Pillai, No.1, A2, Olympia Jyanthy Residences, No.128/96, L.B.Road, Thiruvanmiyur, Chennai-600 041 2.Mrs. PRIYANCA RADHAKRISHNAN W/o.Mr.Ewan James Richardson, D/o.R.Radhakrishnan, 52, Milan Drive, Glen Eden, Auckland, New Zealand Represented by her Power of Attorney agent and Father R.Radhakrishnan, S/o.Late V.N.Raman Pillai, No.1, A2, Olympia Jyanthy Residences, No.128/96, L.B.Road, Thiruvanmiyur, Chennai-600 041

3.Mrs.MANAVI RADHAKRISHNAN W/o.Anthony Jesus Caserio Beardsley Dias, D/o.R.Radhakrishnan, 807-224, Alexande Tache Blvd, Gatineau Canada, Represented by her Power of Attorney Agent and Father R.Radhakrishnan, S/o.Late V.N.Raman Pillai, No.1, A2, Olympia Jyanthy Residences, No.128/96, L.B.Road, Thiruvanmiyur, Chennai-600 041 ..Petitioners Original Petition praying that this Hon'ble Court be pleased that a Succession Certificate may be granted to the petitioners with power to collect the securities and to receive the interest and dividends on 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 Original petition has been filed for grant of succession certificate.

2. The first petitioner is the husband and the second and third petitioners are the daughters of the deceased Usha Radhakrishnan who died on 07.02.2019 leaving behind the petitioners herein as her only legal heirs.

The details of the securities for which the Succession Certificate is sought for, are furnished in the schedule to the petition.

3. The first petitioner who is the husband of the deceased, has deposed as PW1, before the learned Master in support of this petition for grant of succession certificate. Before the learned Master, the following documents were marked as Exhibits:

Exhibits Nature of the documents P1 Photocopy of the power of attorney dated 11.03.2021 executed by the second petitioner in favour of the first petitioner P2 Photocopy of the power of attorney dated 18.02.2021 executed by the third petitioner in favour of the first petitioner P3 Computer generated death certificate of Usha Radhakrishnan who died on 07.02.2019 P4 Photocopy of the equity share certificate of Sundram Fasteners Limited standing in the name of Usha Radhakrishnan bearing registered Folio No.10138 and Certificate No.410354 P5 Photocopy of the bonus share certificate of Sundram Fasteners Limited standing in the name of Usha Radhakrishnan bearing registered Folio No.10138 and Certificate No.417446 P6 Copy of paper publication effected in one issue of Tamil daily "Makkal Kural" dated 14.09.2021.

4. 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 Probate of any Will of the deceased or Letters of Administration with or without the Will annexed to his properties and credits. 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.

5. This Court has perused and examined the aforementioned documents.

6. Power of Attorney dated 11.03.2021, Ex.P1 and Power of Attorney dated 18.02.2021, Ex.P2 reveal that both the second and third petitioners have appointed their father, the first petitioner as their power agent for obtaining the succession certificate. The death certificate of Usha Radhakrishnan reveals that she died on 07.02.2019. The deceased Usha Radhakrishnan was holding shares in Sundram Fasteners Limited which is evidenced from Ex.P4, the equity share certificate and Ex.P5, the bonus share certificate. Paper publication has also been effected in one issue of Tamil daily "Makkal Kural" dated 14.09.2022 and the same has also been marked as Ex.P6.

7. After giving due consideration to the averments contained in the petition as well as the Exhibits marked on the side of the petitioners, this Court is of the considered view that the relief of succession certificate sought for in OP No.517 of 2021 shall be granted on production of legal heir certificate of the deceased Usha Radhakrishnan. Subject to the said

condition, the Original Petition is allowed. The petitioners are directed to pay the requisite succession duty, if any, before obtaining the Succession Certificate.

Sd/.P.V.J.

22.02.2022 //Certified to be a true copy// Dated at Madras this the day of 2022 SU./28.02.2022 COURT OFFICER(O.S.) From 25.09.2008 the Registry is issuing certified copies of the Orders/Judgments/Decrees in this format.