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Madras High CourtOP/788/2021ordered

B.K.Bhaskar v. Nil

2022-03-21Honourable Mr Justice P. Velmurugan5 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

(TESTAMENTARY AND INTESTATE JURISDICTION) MONDAY, THE 21ST DAY OF MARCH 2022 THE HON'BLE MR. JUSTICE P.VELMURUGAN O.P.No.788 of 2021 In the matter of Indian Succession Act, XXXIX of 1925 and In the matter of certain securities belonging to Late B.K.Ravi, Intestate - Deceased Mr.B.K.BHASKAR S/o.B.K.Kailasam, Flat No.A-1, Mahalakshmi Apartments, 17/57, Sivan Koil Street, Kodambakkam, Chennai - 600 024.

..Petitioner Original Petition praying that this Hon'ble Court be pleased to grant a Succession Certificate to the Petitioner with power to collect the securities and to receive the interest and dividends thereon 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 grant of succession certificate of the deceased B.K.Ravi who died on 08.03.2020.

2. The petitioner is the younger brother of the deceased B.K.Ravi who died intestate as a bachelor. Both the parents of the deceased predeceased him. As the deceased B.K.Ravi died intestate as a bachelor, the petitioner who is the class-II legal heir of the deceased has filed this petition for grant of Succession Certificate in his favour. The details of the securities for which the Succession Certificate is sought for, are furnished in the schedule to the petition and its value is Rs.75,43,563.30/-, according to the petitioner.

3. The petitioner has deposed as PW1 and filed his proof affidavit, before the learned Master. In his proof affidavit, he reiterated the contents of the petition filed in support of this petition. Before the learned Master, the following documents were marked as Exhibits. Exhibits Nature of the documents P1 Computer generated death certificate of B.K.Ravi P2 Computer generated Legal Heirship certificate of B.K.Ravi P3 Computer generated death certificate of B.K.Kailasam

Exhibits Nature of the documents P4 Computer generated legal heirship certificate of B.K.Kailasam P5 Photocopy of the Aadhar card of B.K.Ravi P6 Photocopy of the petitioner's Aadhar card P7 Photocopy of the Aadhar card of B.K.Kailasam P8 Photocopy of the petitioner's Family card P9 Photocopy of the account statement dated 05.10.2021 of Franklin Templeton P10 Photocopy of the account statement dated 05.10.2021 of SBI Mutual Fund P11 Copy of paper publication effected in one issue of Tamil daily "Makkal Kural" dated 05.02.2022

4. 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.

5. This Court has perused and examined the aforementioned documents.

6. As seen from the death certificate of B.K.Ravi marked as Ex.P1, he died on 08.03.2020. As seen from the Legal Heirship certificate of

B.K.Ravi, dated 07.01.2021 marked as Ex.P2, the father of the deceased B.K.Kailasam is the only legal heir of the deceased B.K.Ravi. Ex.P3, the death certificate of the deceased B.K.Kailasam reveals that the father of the deceased B.K.Ravi died on 13.03.2021 and the legal heirship certificate of the deceased B.K.Kailasam dated 20.07.2021 marked as Ex.P4 reveals that the petitioner herein is the only surviving legal heir of the deceased B.K.Kailasam and therefore, the petitioner is the class-II legal heir of the deceased B.K.Ravi. The Photocopies of Aadhar card of the deceased B.K.Ravi, petitioner and the deceased B.K.Kailasam have been marked respectively as Ex.P5 to Ex.P7 for their identification. The family card of the petitioner has also been marked as Ex.P8. Ex.P9, the account statement dated 05.10.

2021 issued by Franklin Templeton and Ex.P10, the account statement dated 05.10.2021 of SBI Mutual Fund show that the value of the estate of the deceased B.K.Ravi. Paper publication has also been effected by the petitioners in one issue of Tamil daily "Makkal Kural" on 05.02.2022 which has been marked as Ex.P11.

7. 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 petitioner in OP No.788 of 2021 has to be granted in

favour of the petitioner. Accordingly, the Original Petition is allowed. The petitioner is directed to pay the requisite succession duty, if any, before obtaining the Succession Certificate.

Sd/.P.V.J.

21.03.2022 //Certified to be a true copy// Dated at Madras this the day of 2022 SU./28.03.2022 COURT OFFICER(O.S.) From 25.09.2008 the Registry is issuing certified copies of the Orders/Judgments/Decrees in this format.