S.Ravi v. Nil

P.VELMURUGAN, J.

This Original petition has been filed under Section 372 of the Indian Succession Act, 1925 read with Order XXV Rule 6 of Original Side Rules, to grant succession certificate in favour of the petitioners.

2. In the petition, it is stated that the deceased A.V.Santhanam, ordinarily resided at No.K-3, Sindhu Apartment, 7th Avenue, Thirumangalam, Anna Nagar (West), Chennai 600 040 died on 13.10.2012 and left the properties within the jurisdiction of this Court. The deceased died intestate and that due and diligent search has been made for a Will, none has been found. The deceased is the father of all the four petitioners. The wife of the deceased predeceased him. The deceased at the time of his death left behind the petitioners as his Class-I legal heirs. The petitioners are the legal heirs of the deceased, who claim to be entitled equal share in the estate of the deceased. The succession certificate is required for the purpose of transfer of the securities and to receive the interest and dividends on negotiate and transfer the securities specified in the schedule for the value of Rs.6,63,000/-.

3. Before the learned Master, the 1st petitioner examined himself as P.W.1 and filed proof affidavit and also marked the following documents viz., Exs.P1 to P6:

Exhibits Nature of the documents P1 Computer generated Death certificate of Mr.A.V.Santhanam P2 Computer generated Death certificate of Rajalakshmi P3 Photocopy of Legal Heirship Certificate dated 07.01.2013 in respect of A.V.Santhanam P4 Photocopy of Legal Heirship Certificate dated 13.07.2011 in respect of Rajalakshmi P5 Photocopy of the share certificate bearing certificate No.1607 issued by Amrutanjan Health Care Limited, standing in the name of A.V.Santhanam.

P6 Copy of paper publication effected in one issue of Tamil daily "Makkal Kural" dated 26.01.2022.

4. From the evidence available on record, it is clear that A.V.Santhanam died on 13.10.2012 at No.K-3, Sindhu Apartment, 7th Avenue, Thirumangalam, Anna Nagar (West), Chennai 600 040, leaving behind the petitioners as his surviving legal heirs. To prove the same Ex.P1/Death Certificate of deceased, Ex.P2/Death Certificate of wife of deceased, Ex.P3/Legal Heirship certificate in respect of A.V.Santhanam and Ex.P4/Legal Heirship Certificate in respect of Rajalakshmi were marked.

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 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.

6. After giving due consideration to the averments contained in the petition as well as the Exhibits marked on the side of the petitioners, I am satisfied that the petitioners have succeeded the Estate of the deceased. Therefore, the petition is ordered as prayed for and a direction for grant of Succession Certificate to the petitioners with power to collect the securities and to receive interest, dividends thereon and negotiate and transfer the securities as specified in the schedule, is issued. 10.03.2022 ms

P.VELMURUGAN, J.

ms 10.03.2022