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Madras High CourtOP/653/2021ordered

Valli M Ramaswami v. Nil

2022-03-01Honourable Mr Justice P. Velmurugan4 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

(TESTAMENTARY AND INTESTATE JURISDICTION) TUESDAY, THE 01ST DAY OF MARCH 2022 THE HON'BLE MR. JUSTICE P.VELMURUGAN O.P.No.653 of 2021 In the matter of the Indian Succession Act, XXXIX of 1925 and In the matter of debts and securities belonging to Manikam Ramaswami, deceased intestate

1. Mrs.VALLI M RAMASWAMI W/o.Late Mr.Manikam Ramaswami, 5/11, Satyanarayana Avenue, Boat Club, R.A.Puram, Chennai - 600 028.

2. MS.VISHALA RAMSWAMI D/o.Late Mr.Manikam Ramaswami, 5/11, Satyanarayana Avenue, Boat Club, R.A.Puram, Chennai - 600 028.

..Petitioners Original Petition praying that this Hon'ble Court be pleased that a succession certificate may be granted to the 1st Petitioner with power to collect the debts and securities and to receive interest and dividend herein and negotiate and transfer the securities specified in the schedules in the petition.

The 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 wife and the second petitioner is the daughter of the deceased Manikam Ramaswami who died on 02.10.2017 leaving behind the petitioners herein as his 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 wife of the deceased, has deposed as PW1 and filed her proof affidavit, 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 Computer generated death certificate of Manikam Ramaswami P2 Certified copy of the legal heirship certificate dated 24.10.2017 in respect of Manikam Ramaswami P3 Photocopy of the bill cum transaction with holding statement dated 19.02.2019 issued by Paterson Securities Private Limited P4 Series 61 Nos are the photocopies of the share certificates standing in the name of Manikam Ramaswami/M.Ramaswamy P5 Photocopy of the bonus debenture certificate standing in the

Exhibits Nature of the documents name of M.Ramaswamy P6 Photocopy of the balance certificate dated 18.03.2021 issued by Central Bank of India, Addison building branch P7 Consent affidavit filed by the second petitioner P8 Copy of paper publication effected in one issue of Tamil daily "Makkal Kural" dated 13.12.2021.

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. It is seen from the death certificate of Manikam Ramaswami, Ex.P1 that he died on 02.10.2017 and the legal heirship certificate dated 24.10.2021 shows that the petitioners are the only legal heirs of the deceased Manikam Ramaswami. Ex.P3 to Ex.P5 reveal that the deceased Manikam Ramaswami was holding shares, debentures and securities in his

name. Ex.P6, the balance certificate issued by the Central Bank of India shows that in the bank account of Manikam Ramaswami, there is a balance of Rs.11,71,556.17 (Credit) as on 18.03.2021. The second petitioner who is the daughter of the deceased Manikam Ramaswami has filed her consent affidavit giving consent for grant of succession certificate to her mother, the first petitioner herein. Paper publication has also been effected in one issue of Tamil daily "Makkal Kural" dated 13.12.2021 and the same has also been marked as Ex.P4.

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.653 of 2021 shall be granted to the first petitioner. Accordingly, the Original Petition is allowed. The first petitioner is directed to pay the requisite succession duty, if any, before obtaining the Succession Certificate.

Sd/.P.V.J.

01.03.2022 //Certified to be a true copy// Dated at Madras this the day of 2022. SU/03.03.2022 COURT OFFICER(O.S.) From 25.09.2008 the Registry is issuing certified copies of the Orders/Judgments/Decrees in this format.