R.Uma v. No Respondent

O.P.No.699 of 2019 K.KALYANASUNDARAM, J.

This petition has been filed under Section 372 of the Indian Succession Act 1925 and Order XXV Rule 6 of O.S.Rules to grant succession certificate in favour of the petitioners.

2. In the petition, it is stated that the deceased N.Radhakrishnan ordinarily resided at 2/18, 2nd Link Street, CIT Colony, Mylapore, Chennai - 600 004 and died on 24.03.2018 at Medantha Hospital, Gurugram, Haryana. The deceased died intestate and that due and diligent search has been made for a Will but none has been found. The deceased at the time of his death left his wife and children, the petitioners herein as his surviving Class - I legal heirs. The parents of the deceased pre-deceased him. Hence, the petitioners are claim to be entitled to the transmission of the equity shares in equal shares listed in the schedule of the deceased. The amount of assets in respect of which the succession certificate is required are of the value of Rs.19,49,270/-.

3. No application has been made to any District Court or delegate or to any High Court for Probate of any Will of the deceased or for Letters of 1 / 4

Administration with or without the Will annexed to the properties and credits. No application for a succession certificate in respect of any debt or security belonging to the estate of the deceased has been made to any District Court or Delegate or to any High Court.

4. The first petitioner examined herself as PW1 and deposed evidence on behalf of other petitioner also and marked exhibits P1 to P4.

(1) Ex.P1 is the computer generated copy of the death certificate of Radhakrishnan N Natarajan, who died on 24.03.2018.

(2) Ex.P2 is the computer generated copy of the legal heirship certificate dated 22.05.2018 in respect of Mr.N.Radha Krishnan.

(3) Ex.P3 is the original statement of valuation of shares issued by ICIC Bank as on 25.03.2019 in respect of the shares held by Mr.N.Radhakrishnan.

(4) Ex.P4 is a copy of paper publication effected in one issue of Tamil daily "Makkal Kural" dated 17.10.2019.

She has further stated that she has not filed any other petition before any other Court seeking the same relief.

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5. Considering the averments made in the petition and the documents filed by the petitioners, I am satisfied that the petitioners have succeeded the Estate of the deceased. Therefore, the petition is ordered with a direction to grant Succession Certificate to the petitioners with power to collect the securities and to receive the interest and dividends on and to negotiate and transfer the securities specified in the schedule. 28.11.2019 ms 3 / 4

K.KALYANASUNDARAM, J.

ms O.P.No.699 of 2019 28.11.2019 4 / 4