Poornima Bhagyaraj And Another v. Vimala Krishnamurthy And Another
RMT. TEEKAA RAMAN , J.
This Petition is filed under Section 372 of the Indian Succession Act, 1952 read with Order XXV Rule 6 of the OS Rules in respect of shares and securities belonging to Jayaram Ramakrishna and Ramakrishna Krishnamurthy and Ramakrishna Subramanian.
2. Petitioners are sister and brother and legal heirs of Jayaram Ramakrishna. Jayaram Ramakrishnan and Ramakrishna Krishnamurthy and Ramakrishna Subramaniyan are brothers. While Ramakrishna Subramanian died on 25.02.1979, Ramakrishna Krishanamoorthy died on 04.11.1194 leaving behind the respondent 1 and 2 who are his wife and daughter respectively as his legal heirs. The schedule properties are sureties standing jointly in their name. Paper publication has been effected and no objection has been received. Ex.P.10 is the proof of paper publication. Second petitioner Sriram Aiyer examined himself as P.W1 and marked the following documents.
1.Ex.P1 are the photocopies of the share certificates in Escorts Limited 1/5
standing in the name of Aiyer Jayaram Ramakrishna and Ramakrishna Subramanian.
2. Es.P2 is the photocopy of the share certificate in Madras Rubber Factory Limited standing in the name of Aiyer Jayaram Ramakrishna.
3. Ex.P3 is the photocopy of the share certificate in MRF Limited standing in the name of Aiyar Jayaram Ramakrishna and Ramakrishna Subramanian.
4. Ex.P4 are the photocopies of the share certificates in Escorts Limited standing in the name of Jayaram Ramakrishna Aiyer.
5. Ex.P5 are the photocopies of the share certificates in MRF Limited standing in the name of Aiyer Jayaram Ramakrishna and Ramakrishna Krishnamurthy.
6. Ex.P.6 is the photocopy of the share certificate in the Sarawat Cooperative Bank Ltd standing in the name of Jayaram Ramakrishna Aiyer.
7. Ex.P7 is the photocopy of the death certificate R.Subramanian.
8. Ex.P8 is the photocopy of the death certificate of Jayaram.
9. Ex.P9 is the photocopy of the death certificate of Subbalakshmi Jayaram.
10. Ex.P10 is the photo copy of the paper publication. 2/5
3. Respondent entered appearance through Mr.S.Karthick who has filed joint consent affidavit. In the said joint consent affidavit of Vimala Krishnamurthy and Sapna Balagopal, no objection for grant of succession certificate in favour of petitioners jointly has been expressed with power to collect all the shares and all the benefits incidental thereto and consent affidavit is taken on record.
5. In view of the evidence of PW1, the factum of the death of Jayaram Ramakrishna, Ramakrishna Krishnamurthy and Ramakrishna Subramanian and in view of no objection expressed by both sides, I am of the view that succession certificate can be granted.
6.Accordingly, this petition is allowed.
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RMT. TEEKAA RAMAN , J.
jai O.P.NO.699 of 2023 4/5
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