Aparna Venkatesan v. No Respondent
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 28.03.2023
CORAM
THE HONOURABLE MR.JUSTICE K.KUMARESH BABU Aparna Venkatesan Represented by her Power Agent Neelima Karthik ... Petitioner PRAYER: Original Petition filed for Succession Certificate under Section 372 of Indian Succession Act, 1925 under Order XXV Rule 6 of Original Side Rules, prays that a Succession Certificate may be granted in favour of the first Petitioner with powers to collect and encash the securities and debts and to receive the interest and dividends thereon and negotiate as specified in the schedule annexed hereto.
For Petitioner : Mr.Vasanth Kumar
ORDER
The petitioner seek Succession Certificate in respect of the securities and debts held by S.V.Venkatesan, who died intestate on 24.03.2020. The petitioner is the only daughter of the deceased S.V.Venkatesan.
2. The Power Agent of the petitioner has been examined as P.W.1., as the petitioner is residing in USA. She has produced the death certificate of the deceased S.V.Venkatesan and Malathi Venkatesan, as Exs.P2 and P1, 1/4
the legal heir certificate of the deceased S.V.Venkatesan and Malathi Venkatesan as Exs.P4 and P3. A perusal of Exs.P3 and P4 shows that the petitioner is the only surviving legal heirs of the deceased S.V.Venkatesan, as the mother of the petitioner (Malathi Venkatesan) has pre deceased her father (late S.V.Venkatesan). A paper publication has been made and no objections have been received.
3.In view of the above evidence, the Original Petition is allowed granting Succession Certificate in favour of the petitioner as she is the only surving Class-I legal heir, in respect of the securities and debts mentioned in the schedule to the petition.
gba Index :Yes/No Speaking order: Yes/ No Petitioner's witness:
P.W.1 - Mrs.Neelima Karthik 2/4
Documents exhibited by the petitioners:
Exhibits Documents Ex.P1 Computer generated death certificate of Mrs.Malathi Venkatesan Ex.P2 Computer generated death certificate of Mr.S.V.Venkatesan Ex.P3 Computer generated legal heir certificate of Mrs.Malathi Venkatesan Ex.P4 Computer generated legal heir certificate of Mr.S.V.Venkatesan Ex.P5 Photocopy of Election ID Card Ex.P6 Photocopy of the petitioner's Aadhar Card Ex.P7 Photocopy of the specific power of attorney dated 29.03.2022 executed by the petitioner in petitioner's favour to conduct the Court proceedings Ex.P8 Certified copy of the HDFC bank statement bearing account No.00801000003852 in respect of Mr.S.V.Venkatesan Ex.P9 Certified copy of the HDFC bank statement bearing account No.19391930001421 in respect of MR.S.V.Venkatesan Ex.P10 Photocopy of the accounts statement issued by IDFC Mutual Fund bearing Folio No.
2768887/31 in respect of Mr.S.V.Venkatesan Ex.P11 Photocopy of the accounts statement of Aditya Brila Capital Mutual Fund bearing registered Folio No.1037748111 in respect of Mr.S.V.Venkatesan Ex.P12 Photocopy of the portfolio holdings summary of Aditya Brila Sun Life AMC Limited bearing Folio No.DFB9123 in respect of Mr.S.V.Venkatesan Ex.P13 Photocopy of portfolio appraisal of Edelweiss asset management limited bearing Folio No.LOFS112 in respect of Mr.S.V.Venkatesan Ex.P14 Copy of paper publication effected in one issue of Tamil daily "Makkal Kural" dated 10.02.
gba K.KUMARESH BABU,J.
gba 4/4