B Vasundhara Reddy v. Chirla Lakshmi Nirupama Reddy And 2 Others

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 25.04.2023

CORAM

THE HONOURABLE MR.JUSTICE K.KUMARESH BABU B.Vasundhara Reddy ... Petitioner Vs 1.Chirla Lakshmi Nirupama Reddy 2.Vishnu Bommireddi Prasad 3.Nagi Reddy ... Respondents 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 Petitioner with powers to collect the securities and to receive the interest and dividend on and negotiate and transfer the shares/ securities as specified in the schedule annexed hereto.

For Petitioner : Mr.R.Ilayaraja For Respondents : No appearance

ORDER

The petitioner seek Succession Certificate in respect of the securities held by B.Venugopal Reddi @ B.Venugopal Reddy, who died intestate on 09.09.2014. The first petitioner is the wife of the deceased. The first respondent is the daughter of the deceased from the first wife Late B. Padmavathy who is pre-deceased. The second and third respondents are the 1/4

sons of the petitioner and the deceased B.Venugopal Reddi @ B.Venugopal Reddy.

2. The petitioner has been examined as P.W.1. She has produced the death certificate of the deceased B.Venugopal Reddi @ B.Venugopal Reddy, as Ex. P6, and the legal heirship certificate of the deceased as Ex. P8. A perusal of Ex P8 shows that the petitioner and the respondents are the only legal heirs of the deceased. Despite the Court notice served on the first and third respondents, none has appeared on behalf of these respondents either in person or through counsel. The notice served to the second respondent was returned as unserved stating an acknowledgment that he has gone abroad. Pursuant to the general publication made any objections have not been received from the respondents herein or from any other persons.

3. In view of the above said evidence, the Original Petition is allowed by granting Succession Certificate in favour of the petitioner, in respect of the securities mentioned in the schedule to the petition. Index :Yes/No Speaking: Yes/ No 2/4

Petitioner's witness:

P.W.1 - Mrs.B.Vasundara Reddy Documents exhibited by the petitioners:

Exhibits Documents Ex.P1 (series 5 Nos.) are the photocopies of the share certificates of Chamal Fertilisers and Chemicals Limited standing in the name of B.Venugopal Reddi Ex.P2 Photocopy of the share certificate of Eveready Industries India Limited stands in the name of Mr.B.Venugopal Reddi Ex.P3 Photocopy of the share certificate of Hindustan Lever Limited stands in the name of Mr.B.Venugopal Reddi Ex.P4 Photocopy of the share certificate of McLEOD Russel India Limited standing in the name of Mr.B.Venugopal Reddi Ex.P5 (series 3 Nos.) are the photocopies of the share certificates of Sundaram Finance Limited standing in the name of B.Venugopal Reddi Ex.P6 Computer generated death certificate of Mr.B.Venugopal Reddi Ex.P7 Computer generated death certificate of Mrs.B.Padmavathy EX.P8 Computer generated legal heirship certificate of Mr.B.

Venugopal Reddi Ex.P9 Photocopy of the CSR in No.500 of 2022 Ex.P10 Photocopy of the Non-traceable certificate issued by the police in respect of that missed ex.P1 to Ex.P5 are not traceable Ex.P11 Copy of paper publication effected in one issue of Tamil daily "Makkal Kural' dated 23.04.

K.KUMARESH BABU,J.

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