Savitri And 3 Others v. No Respondent
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 13.02.2025
CORAM
THE HONOURABLE MR.JUSTICE K.KUMARESH BABU 1.Savitri 2.Lakshmiprabha Nandakumar 3.Shubhankar Nandakumar 4.Karthikeyan Nandakumar
...Petitioners
PRAYER: Original Petition filed for Succession Certificate under Section 372 of the Indian Succession Act, 1925 (Act 39 of 1925) read with Order XXV Rule 6 of O.S.Rules, praying that a succession certificate may be granted to the second petitioner with power to collect the securities and to receive interest, dividends and to transfer securities specified in the schedule hereto and pass such further or other orders as this Hon'ble Court may deem fit in the circumstances of the case and thus render justice. For Petitioner : Mr.R.Parthiban
ORDER
The petitioners seek Succession Certificate in respect of the securities held by Late R.Lakshminarayanan, who died intestate on 18.03.2023. The petitioners are the wife of the deceased and daughter in law and two grandsons of the deceased through his deceased son. 1/4
2. The second petitioner has been examined as PW1. She has produced the computer generated death certificates of the deceased R.Lakshminarayanan and his son late.L.Nandakumar as Ex.P1 and Ex.P3. The legal heirship certificates of the deceased as Ex.P2 and his son as Ex.P4. A perusal of Ex.P2 and Ex.P4 shows that the petitioners are the only legal heirs of the deceased R.Lakshminarayanan. 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 petitioners, with the power to collect the securities and receive the interest and dividends mentioned in the schedule to the petition.
Index :Yes/No Petitioner's witness:
P.W.1 - Mrs.Lakshmiprabha Nandakumar Documents exhibited by the petitioners:
Exhibits Documents Ex.P1 Computer generated death certificate of Mr.Lakshminarayanan. 2/4
Exhibits Documents Ex.P2 Computer generated legal heirship certificate of Mr.R.Lakshminarayanan.
Ex.P3 Computer generated death certificate of Mr.L.Nandakumar. Ex.P4 Computer generated legal heir ship certificate of Mr.L.Nandakumar.
Ex.P5 Certified copy of the Account Statement of Mutual Fund holding in Kotak Mutual Fund bearing Folio No.3691047/88 held by Mr.TRL Narayanan.
Ex.P6 Certified copy of the Account Statement of Mutual Fund holding in Quantum Mutual Fund bearing Folio No.9991461263 held by Mr.TRL Narayanan.
Ex.P7 Copy of the paper publication effected in one issue of Tamil Daily "Dina Kural" dated 28.11.2024.
Ex.P8 Affidavit under Section 65 B of the Indian Evidence Act, 1872. 3/4
K.KUMARESH BABU,J.
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