Krushna Kumaar v. No Respondent
KRISHNAN RAMASAMY.J., This Petition has been filed under Section 372 of the Indian Succession Act read with Order XXV Rule 6 of the Madras High Court Original Side Rules, to grant succession certificate in favour of the first petitioner.
2.It is the case of the petitioners that the petitioners 1 & 2 are the children of the deceased Mrs.V.Savithri and the third petitioner is the granddaughter of the deceased Mrs.V.Savithri, who died intestate on 26.05.2012. Her another son namely V.Srinivasan, had passed away. The third petitioner is the daughter of the said V.Srinivasan. The deceased V.Srinivasan's wife predeceased him. Therefore, the petitioners herein are the only Class - I legal heirs of the deceased Mrs.V.Savithri. The husband of the deceased Mrs.Savithri namely Late.R.V.Rao, had passed away intestate on 26.05.2012. The petitioners are filing this petition for grant of Succession Certificate in favour of the 1st petitioner, who is the son of the deceased Mrs.V.Savithri. During her life time, the deceased Mrs.V.Savithri
had invested in shares in various Companies, which are morefully described in schedule to the petition. The total amount of the assets value will be for a sum of Rs.19,89,421/-.
3.It is further stated that other than the petitioners, there are no other relatives to succeed the estate as legal heirs. Therefore, the petitioners are entitled for share in the estate of the deceased Mrs.V.Savithri.
4. No application for a succession certificate in respect of any debt or security belonging to the estate of the said deceased has been made to any District Court or delegate or to any High Court. Hence, the petitioners have approached this Court for grant of succession certificate in favour of the first petitioner with power to collect securities and to receive interest, dividends thereon and negotiate and transfer the securities specified in the petition schedules.
5. In order to prove their case, Mr.Krushna Kumar, the first petitioner herein, is examined as PW.1 and marked Exs.P1 to P12. Ex.P1 is the
computer generated death certificate of Mrs.V.Savithri. Ex.P2 is the photocopy of the Legal Heirship certificate of Mrs.V.Savithri. Ex.P3 is the photocopy of the Legal Heirship certificate of Mr.V.Srinivasan. Ex.P4 is the photocopy of the Legal Heirship certificate of Mr.R.V.Rao. Ex.P5 is the photocopy of the letter dated 28.12.2017 sent to the second petitioner by Karvy Computershare Private Limited. Ex.P6 is the photocopy of the letter dated 23.02.2018 sent to the second petitioner by Datamatics Business Private Limited. Ex.P7 is the photocopy of the letter dated 23.02.2018 sent to the first petitioner by TSR Darashaw Limited. Ex.P8 is the photocopy of the letter dated 26.12.2017 sent to the first petitioner by Data Software Research Company Private Limited. Ex.P9 is the photocopy of his Aadhaar card. Ex.
P10 is the consent affidavit given by the second petitioner. Ex.P11 is the consent affidavit given by the third petitioner. Ex.P12 is the copy of paper publication effected in one issue of Tamil daily "Thina Boomi" dated 19.12.2019. Despite the paper publication also, none has appeared and raised their objections.
6.Considering the averments made in the petition and the evidence
tendered by PW.1 along with the documents marked as Exs.P1 to P12, this Court is satisfied that the petitioners have succeeded for the Estate of the deceased Mrs.V.Savithri. Therefore, the petition is ordered as prayed for and a direction for grant of Succession Certificate to the first petitioner with power to collect the debts and to receive the interest and dividends on and negotiate and transfer the securities specified in the schedule, is issued. 7.Accordingly, the first petitioner is entitled for the relief as prayed for by the petitioners and this Original Petition stands allowed. 14.07.2022 dn
KRISHNAN RAMASAMY.J., dn 14.07.2022