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Madras High CourtOP/571/2019ordered

T.A.Arun Kumar v. No Respondent

2019-10-24Honourable Mr Justice K. Kalyanasundaram3 pages

K.KALYANASUNDARAM, J., This petition has been filed under Section 372 of the Indian Succession Act XXXIX of 1925 and Order 25 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 Mrs.Rama Arun Kumar was residing at Door No.19D, Sri Subha Colony, Munuswamy Salai, West K.K.Nagar, Chenni and died on 15.01.2019. The petitioners are the only legal heirs of the deceased. The first petitioner is the husband of the deceased and the petitioners 2 and 3 are their children. The deceased died intestate and that due and diligent search has been made for a Will but none has been found. The Succession Certificate is required for the purpose of transfer of share certificates and Mutual Funds as mentioned in the schedule for the value of Rs.4,77,793.69.

3. No petition has been made to any District Court or delegate or to any High Court for Succession Certificate in respect of the securities of the deceased.

4. The first petitioner examined himself as PW1 and marked exhibits P1 to P6 and deposed on behalf of the petitioners 2 and 3 . 1 / 3

(1) Ex.P1 is the computer generated copy of the death certificate of his deceased wife Rama Arun Kumar, who died on 15.01.2019.

(2) Ex.P2 is the computer generated copy of the Legal Heirship Certificate dated 14.02.2019 in respect of Rama Arun Kumar.

(3) Ex.P3 is the computer generated copy of the demat account share statement bearing DP account No.02203231 as on 16.03.2019 in respect of his wife Rama Arun Kumar.

(4) Ex.P4 is the consent affidavit given by the 2nd petitioner.

(5) Ex.P5 is the consent affidavit given by the 3rd petitioner.

(6) Ex.P6 is a copy of paper publication effected in one issue of Tamil daily "Thina Boomi" dated 27.08.2019.

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

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 as prayed for and a direction for grant of Succession Certificate to the petitioners with power to collect the securities and to receive the interest, dividends and also to negotiate and transfer the securities specified in the schedule, is issued. The petitioners are directed to render account once in a year. 24.10.2019 Note: Issue order copy by next week pvs 2 / 3

K.KALYANASUNDARAM, J., pvs 24.10.2019 3 / 3