K.Anandi v. No Respondent
IN THE HIGH COURT OF JUDICATURE AT MADRAS
(TESTAMENTARY AND INTESTATE JURISDICTION) MONDAY, THE 08TH DAY OF NOVEMBER 2021 THE HON'BLE MR. JUSTICE ABDUL QUDDHOSE O.P.No.547 of 2019 In the matter of the Indian Succession Act XXXIX of 1925 and In the matter of certain debts belonging to deceased R.Radhakrishnan
1. K.ANANDI W/o.R.Radhakrishnan
2. MINOR R.GOKUL S/o.R.Radhakrishnan
3. MINOR R.RAHUL S/o.R.Radhakrishnan Minors rep.by Mother and Guardian K.Anandi All are residing at Flat G1 RK Padmalaya Flats, No.14/29, Sardar Patel Street, West Mambalam, Chennai-600033.
..Petitioners Original Petition praying that this Hon'ble Court be pleased that a Succession certificate may be granted to the 1st 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 has been filed for succession certificate by the Legal Heirs of the deceased R. Radhakrishnan, who died on 28.12.2018 at Chennai.
2. The details of the securities for which the Succession Certificate is sought for is furnished in the schedule to the petition and its value is Rs.3,50,835.41, according to the petitioner. The wife of the deceased viz., the first petitioner herein has deposed before the learned Master in support of this petition for succession certificate. She has deposed on behalf of the second and third petitioners also, who are the minor children of the deceased R.Radhakrishnan. Before the Learned Master, the following documents were marked as Exhibits.
Exhibits Nature of the documents P1 Death certificate of R. Radhakrishnan P2 Legal Heirship Certificate dated 22.02.2019 for R.Radhakrishnan P3 Computer generated mutual fund folio statement dated 14.05.2019 standing in the name of R. Radhakrishnan P4 Paper Publication effected in one issue of Tamil Daily viz., Makkal Kural, dated 16.10.2019.
3. 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 under 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.
4. This Court has perused and examined the aforementioned documents. As seen from the death certificate marked as Ex.P1, R.Radhakrishnan, died on 28.12.2018 at Vijaya Hospital, Chennai - 600 026 and he was aged 58 years at the time of his death. As seen from the Legal Heir ship certificate, dated 22.02.2019, marked as Ex.P2, the petitioners are the only Legal Heirs for R. Radhakrishnan. The first petitioner is his wife and the second and third petitioners are his minor children. Ex.P3 is the computer generated mutual fund folio statement dated 14.05.2019 issued by Franklin Templeton investments, which discloses that the value of the assets mentioned therein is Rs.3,50,835.41. Ex.P4 is the paper publication effected by the petitioners, pursuant to the directions given by this Court.
5. After giving due consideration to the averments contained in the petition as well as the Exhibits marked on the side of the petitioner, this Court is of the considered view that the relief of succession certificate sought for by the petitioners in OP No.547 of 2019 has to be granted. Accordingly, the Original Petition is allowed. Sd/.A.Q.J.
08.11.2021 //Certified to be a true copy// Dated this the day of 2021.
SU/30.11.2021 COURT OFFICER(O.S.) From 25.09.2008 the Registry is issuing certified copies of the Order/Judgment Decree in this format.