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Madras High CourtOP/544/2021allowed

Rama Narasimhan v. Nil

2021-12-14Honourable Mr Justice Abdul Quddhose5 pages

ABDUL QUDDHOSE, J.

This Original petition has been filed for Succession Certificate.

2. The petitioners are the children of the deceased Mythili Narasimhan, who died on 09.11.2010, leaving behind certain securities morefully described in the schedule to the petition. Her husband Late M.K.Narasimhan also predeceased her. Since the Companies, in whose name, the securities were held by the deceased M.K.Narasimhan, were insisting for the production of Succession Certificate, the petitioners have approached this Court seeking for grant of Succession Certificate.

3. Before the learned Master, Srinivas Narasimhan, the third petitioner herein was examined as P.W.1. He has deposed on behalf of the remaining petitioners also. In his deposition, he has reiterated the contents of the petition filed in support of O.P.No.544 of 2021. Through P.W.1, the following documents were marked as Exhibits.

Exhibits Nature of the document Ex.P-1 Computer generated death certificate of Mythili Narasimhan, who died on 09.11.2020.

Ex.P-2 Photocopy of the share certificate bearing Certificate No.00062300 issued by Titan Watches Limited standing in the name of Mythili Narasimhan Ex.P-3 Photocopy of the share certificate bearing certificate No.10672 issued by Titan Industries Limited standing in the name of Mythili Narasimhan Ex.P-4 Photocopy of the Legal Heirship certificate dated 30.11.2010 in respect of Mythili Narasimhan Ex.P-5 Letter dated 24.02.2021 issued by TSR Darashaw Consultants Private Limited addressed to Srinivas Narasimhan Ex.P-6 Photocopy of the application for transmission of shares in favour of the 3rd petitioner Ex.P-7 Photocopy of the Aadhaar card in respect of the 1st petitioner bearing No.7630 0771 6867 Ex.P-8 Photocopy of the third petitioner's Aadhaar card bearing No.6288 4862 4743 Ex.P-9 Consent affidavit given by the 1st petitioner herein stating that she has no objection in grant of succession certificate as prayed in the petition.

Ex.P-10 Consent affidavit given by the 2nd petitioner herein stating that he has no objection in grant of succession certificate as prayed in the petition.

Ex.P-11 Copy of paper publication effected in one issue of Tamil daily "Makkal Kural" dated 05.10.2021.

4.

As seen from the evidence available on record, Mythili Narasimhan died on 09.11.2010, leaving behind her children, the

petitioners herein, as her only legal heirs, which is evidenced by her legal heirship certificate dated 30.11.2010, which has been marked as Ex.P4. Her husband Late M.K.Narasimhan also predeceased her, as seen from the petition filed in support of O.P.No.544 of 2021. In the deposition of Srinivas Narasimhan (P.W1), he has also confirmed the death of Narasimhan, his father. The details of the securities disclosed in the schedule to the petition are also confirmed through Exs.P5 and P6. The petitioners 1 and 2 have also given consent affidavits, which have been marked as Exs.P9 and P10 stating their "No objection" for grant of succession certificate in favour of the third petitioner, who is their brother. A paper publication has also been effected by the petitioners in one issue of Tamil daily " Makkal Kural" dated 05.10.2021, which has been marked as Ex.P11, with regard to the petition filed by them before this Court seeking for grant of succession certificate. 5.

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 her 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.

6. After giving due consideration to the pleadings and evidence available on record, this Court is inclined to grant the succession certificate in favour of the third petitioner as prayed for in O.P No.544 of 2021. Accordingly, this Original Petition is allowed. 14.12.2021 srn

ABDUL QUDDHOSE, J.

srn 14.12.2021