C.Mahesh Babu v. Mrs. M.Premalatha Mohan

IN THE HIGH COURT OF JUDICATURE AT MADRAS

(TESTAMENTARY AND INTESTATE JURISDICTION) THURSDAY, THE 25TH DAY OF NOVEMBER 2021 THE HON'BLE MR. JUSTICE ABDUL QUDDHOSE O.P.No.618 of 2020 In the matter of Indian Succession, Act, 1925 and In the matter of Succession Certificate of Securities / Debts of deceased C.D.V.Raghavulu(Intestate Deceased) Mr.C.MAHESH BABU S/o.Late C.D.V.Raghavulu, Amace Sambandam Flats, 97/54, 4th Avenue, Ashok Nagar, Chennai-600 083 ..Petitioner -Vs1. MRS. M.PREMALATHA MOHAN W/o.M.D.Mohan, 12-7-30/1, New Mettuguda, Secunderabad-500 017

2. Mrs.M.RAMADEVI W/o.P.Manoharan, 8/20, 3rd Cross Street, V.O.C.Colony, Aminjikarai, Chennai-600 029 ..Respondents Original Petition praying that this Hon'ble Court be pleased that a Succession Certificate may be granted to the petitioner with power to collect the securities and to receive the interest and dividends on and negotiate and transfer the securities specified in the schedule in the petition.

This Original Petition coming on this day before this court for hearing the court made the following order:

This Original petition is filed for Succession Certificate. 2.

The petitioner and the respondents are the children of the deceased C.D.V.Raghavulu, who died on 23.09.2015 at Chennai, leaving behind the petitioner and the respondents as his only legal heirs. He has also left behind the securities mentioned in the schedule to the petition filed in support of O.P.No.618 of 2020. The petitioner, who is his son, has sought for succession certificate in his favour in respect of those securities.

3. Before the learned Master, the petitioner was examined as a witness (P.W.1). He has reiterated the contents of the petition filed in support of O.P.No.618 of 2020 in his deposition. Before the learned Master, the following documents were marked as Exhibits on the side of P.W.1.

Exhibits Nature of the documents P1 Death Certificate of Doraiswamy Naidu, confirming that he died on 31.01.1963.

P2 Death Certificate of Thilagammal, confirming that she died on 26.03.1979.

P3 Death Certificate of Ramathilagam, confirming that she died on 28.01.1996

Exhibits Nature of the documents P4 Photocopy of the Share Certificate in Apollo Hospitals Enterprise Limited, bearing No.356594 standing in the name of C.D.V.Raghavulu.

P5 Photocopy of the Aadhaar Card bearing No.9331 7953 1585 of the petitioner.

P6 Photocopy of the Aadhaar Card bearing No.2181 7198 9025 of the deceased C.D.V.Raghavulu.

P7 Death Certificate of C.D.V.Raghavulu, confirming that he died on 23.09.2015.

P8 Legal Heirship Certificate dated 17.03.2020 for the deceased C.D.V.Raghavulu confirming that the petitioner is his only legal heirs.

P9 Downloaded copy of the share valuation dated 07.09.2020 in respect of shares held by the deceased C.D.V.Raghavulu. P10 Consent Affidavit given by the first respondent stating that she has no objection for the grant of succession certificate in favour of the petitioner.

P11 Consent Affidavit given by the second respondent stating that she has no objection for the grant of succession certificate in favour of the petitioner.

P12 Copy of the Paper Publication effected in one issue of Tamil Daily viz., Makkal Kural, dated 04.03.2021.

4.

The respondents, who are the other legal heirs of the deceased, have also given consent affidavits stating 'no objection' for grant of Succession Certificate in favour of the petitioner, who is their brother, as seen from Exhibits P10 and P11.

5.

As seen from the aforementioned documents, which have been marked as Exhibits, it is clear that the petitioner and the respondents are the only legal heirs of the deceased C.D.V.Raghavulu, who died on 23.09.2015

and the respondents have also given consent in favour of the petitioner for the grant of Succession Certificate in favour of the petitioner. 6.

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.

7. After perusing and examining the pleadings, evidence and materials available on record, this Court is inclined to grant the succession certificate in favour of the petitioner as prayed for in O.P No.618 of 2020. Accordingly, this Original Petition is allowed. Sd/.A.Q.J.

25.11.2021 //Certified to be a true copy// Dated this the day of 2021.

SU/29.11.2021 COURT OFFICER(O.S.) From 25.09.2008 the Registry is issuing certified copies of the Order/Judgment Decree in this format.