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Madras High CourtOP/767/2021ordered

Dr.Anita Sumanth v. Nil

2022-02-11Honourable Mr Justice P. Velmurugan4 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

(TESTAMENTARY AND INTESTATE JURISDICTION) FRIDAY, THE 11TH DAY OF FEBRUARY 2022 THE HON'BLE MR. JUSTICE P.VELMURUGAN O.P.No.767 of 2021 In the matter of Indian Succession Act, XXXIX of and In the matter of Securities of Late V.Ramachandran and Late Dr.Padma Ramachandran DR.ANITA SUMANTH, W/o.Sumanth C.Raman, No.51, Nungambakkam High Road, Chennai -600 034.

..Petitioner Original Petition praying that this Hon'ble Court be pleased that a Succession Certificate may be granted to the Petitioner with power to collect the securities and to receive the interest and dividends, 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 petitioner is the only daughter of the deceased V.Ramachandran who died on 14.11.2011 and the deceased Dr.Padma Ramachandran who died on 10.11.2012 leaving behind the petitioner as their only legal heir. The details of the securities for which the Succession Certificate is sought for, are furnished in the schedule to the petition.

3. The petitioner who is the daughter 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 Death certificate of Mr.V.Ramachandran P2 Death certificate of Dr.Padma Ramachandran P3 Photocopy of the legal heirship certificate of Mr.V.Ramachandran P4 Photocopy of the legal heirship certificate of Mrs.Dr.Padma Ramachandran P5 Photocopies of some of the share certificates issued including the certificate issued by the Federal Bank Limited standing in the name of Mr.V.Ramachandran P6 List of securities in the name of Mr.V.Ramachandran P7 Photocopies of some of the share certificates including the certificate issued by the Federal Bank Limited standing in the name of Dr.Padma Ramachandran P8 List of securities in the name of Dr.Padma Ramachandran P9 Copy of paper publication effected in one issue of Tamil daily "Daily Thanthi" dated 07.01.2022.

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. As seen from the death certificate of Mr.V.Ramachandran, Ex.P1, he died on 14.11.2011 and he was aged 79 years at the time of his death. As seen from the legal heirship certificate of the deceased Mr.V.Ramachandran, marked as Ex.P2, the petitioner herein and Dr.Padma Ramachandran are the only Legal Heirs of the deceased Mr.V.Ramachandran. Ex.P3 which is the death certificate of Dr.Padma Ramachandran reveals that Dr.Padma Ramachandran died on 10.11.2012 at the age of 74 years. The legal heirship certificate of Dr.Padma Ramachandran which has been marked as Ex.P4 reveals that the petitioner herein is the only legal heir of the deceased Dr.Padma Ramachandran. Ex.P5 is the photocopy of the certificate issued by the Federal Bank Limited standing in the name of Mr.V.Ramachandran which reveals that the deceased Mr.V.Ramachandran is having shares in the said Bank. Ex.P6 is

the list of securities of the deceased Mr.V.Ramachandran. Ex.P7 is the photocopy of the certificate issued by the Federal Bank Limited standing in the name of Dr.Padma Ramachandran which reveals that the deceased Dr.Padma Ramachandran is having shares in the said Bank. Ex.P8 is the list of securities of the deceased Dr.Padma Ramachandran. Paper publication has also been effected by the petitioner in one issue of Tamil daily "Daily Thanthi" on 07.01.2022 which has been marked as Ex.P9.

6. After giving due consideration to the averments contained in the petition as well as the Exhibits marked on the side of the petitioner, this Court is of the considered view that the relief of succession certificate sought for in OP No.767 of 2021 has to be granted in favour of the petitioner. Accordingly, the Original Petition is allowed. The petitioner is directed to pay the requisite succession duty, if any, before obtaining the Succession Certificate.

Sd/.P.V.J.

11.02.2022 //Certified to be a true copy// Dated at Madras this the day of 2022. SU./15.02.2022 / 24.3.2022 COURT OFFICER(O.S.) From 25.09.2008 the Registry is issuing certified copies of the Orders/Judgments/Decrees in this format.