S.V.Meenal v. Nil
KRISHNAN RAMASAMY.J., This Petition has been filed under Section 372 of the Indian Succession Act read with Order XXV Rule 6 of the Madras High Court Original Side Rules, to grant succession certificate in favour of the petitioners.
2.It is the case of the petitioners that first petitioner is the wife of the deceased PM.Sevugan Chetty and the petitioners 2 to 4 are the children of the said deceased PM.Sevugan Chetty and they are the only Class - I legal heirs of deceased PM.Sevugan Chetty, who died intestate on 23.05.2014. During his life time, the deceased invested in Equity shares in Tata Global Beverages Limited now re-named as Tata Consumer Products Ltd, and the Succession Certificate is required for the purpose of transmission of the shares in the name of the deceased PM.Sevugan Chetty. The petitioners are filing this petition for grant of Succession Certificate in favour of them. The total amount of the assets value will be for a sum of Rs.35,45,640/-.
3.It is further stated that other than the petitioners, there are no other relatives to succeed the estate as legal heirs. Therefore, the petitioners are entitled for share in the estate of the said deceased PM.Sevugan Chetty. 4.No application for a succession certificate in respect of any debt or security belonging to the estate of the said deceased has been made to any District Court or delegate or to any High Court. Hence, the petitioners have approached this Court for grant of succession certificate in favour of them with power to collect securities and to receive interest, dividends thereon and negotiate and transfer the securities specified in the petition schedules. 5.In order to prove their case, Mr.S.V.Palaniappan, the fourth petitioner herein, is examined as PW.1 and marked Exs.P1 to P5. Ex.
P1 is the photocopy of the share certificate bearing certificate no.11664 issued by TATA Global Beverages Limited standing in the name of PM Sevugan Chittiar. Ex.P2 is the computer generated death certificate of Sevagan Chetty. Ex.P3 is the photocopy of the Legal Heirship certificate of Sevagan Chetty. Ex.P4 is the photocopy of the letter dated 31.10.
the first petitioner by TSR Darashaw Consultants Private Limited. Ex.P5 is the copy of paper publication effected in one issue of Tamil daily "Dina Kural" dated 29.04.2022. Despite the paper publication also, none has appeared and raised their objections.
6.Considering the averments made in the petition and the evidence tendered by PW.1 along with the documents marked as Exs.P1 to P5, this Court is satisfied that the petitioners have succeeded for the Estate of the deceased PM.Sevugan Chetty. Therefore, the petition is ordered as prayed for and a direction for grant of Succession Certificate to the petitioners with power to collect the debts and to receive the interest and dividends on and negotiate and transfer the securities specified in the schedule, is issued. 7.Accordingly, the petitioners are entitled for the relief as prayed for by the petitioners and this Original Petition stands allowed. 23.08.2022 dn
KRISHNAN RAMASAMY.J., dn 23.08.2022