← Library
Madras High CourtOP/673/2024ordered

K.S.Raghu Vasanth Rao And 2 Others v. No Respondent

2025-03-17Honourable Mr Justice K.Kumaresh Babu4 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 17.03.2025

CORAM

THE HONOURABLE MR.JUSTICE K.KUMARESH BABU 1.Mr.K.S.Raghu vasanth rao 2.Tmt.K.S.Jayalakshmi Bai 3.Miss.K.S.Uma Rani Bai

...Petitioners

PRAYER: Original Petition filed for Grant of Succession Certificate filed under Section 372 of Indian Succession Act 1925 read with Order XXV Rule 6 of Original Side Rules, prays that this Hon'ble Court may be pleased to grant a succession certificate in favour of first petitioner with power to collect security and to receive the interest and dividends on and negotiate and transfer the securities namely shares specified in the Schedule hereto and further pleased to pass such order or orders as may deem necessary fit and proper and thus render justice.

For Petitioners : Mr.N.Srinivasa Raghavan

ORDER

The petitioners seek Succession Certificate in respect of the securities held by Late.Mr.K.R.Suresh Babu Rao, who died intestate on 16.08.2012. The petitioners are the son, wife and daughter of the deceased respectively. 1/4

2. The first petitioner has been examined as PW1. He has produced the computer generated death certificate of the deceased Late.Mr.K.R.Suresh Babu Rao as Ex.P1. The legal heirship certificate of the deceased as Ex.P3. A perusal of Ex.P3 shows that the petitioners are the only surviving legal heirs of the deceased Late.Mr.K.R.Suresh Babu Rao. The second and the third petitioners have submitted their consent affidavits in favour of the first petitioner, which are marked as Ex.P10 and Ex.P11 respectively. A paper publication has been made and no objections have been received.

3. The assertions in the petition have been duly proved by adducing oral evidence supported by documents. In these circumstances, the petitioner is entitled to the relief.

4. In view of the above evidence, the Original Petition is allowed granting Succession Certificate in favour of the first petitioner, with the power to collect the securities and receive the interest and dividends mentioned in the schedule to the petition.

Index :Yes/No 2/4

Petitioner's witness:

P.W.1 - Mr.K.S.Raghu Vasanth Rao Documents exhibited by the petitioners:

Exhibits Documents Ex.P1 Computer generated copy of the death certificate of K.R.Suresh Babu Rao died on 16.08.2012.

Ex.P2 Computer generated copy of the death certificate of K.Raghunatha Rao died on 15.11.1986.

Ex.P3 Computer generated copy of K.Vasantha Bai died on 25.12.2001.

Ex.P4 Photocopy of the legal heir certificate of K.R.Suresh Babu Rao dated 08.01.2013. (Original is produced, compared and returned to the petitioner's counsel) Ex.P5 Original letter from share registry addressed to K.S.Jayalakshmi Bai dated 12.08.2023.

Ex.P6 Photocopy of the share certificate dated 25.08.2014. (Original is produced, compared and returned to the petitioner's counsel) Ex.P7 Photocopy of the Aadhar Card of the 1st petitioner. (Original is produced, compared and returned to the petitioner's counsel) Ex.P8 Photocopy of the Aadhar Card of the 2nd petitioner. (Original is produced, compared and returned to the petitioner's counsel) Ex.P9 Photocopy of the Aadhar Card of the 3rd petitioner. Ex.P10 Consent affidavit given by the 2nd petitioner. Ex.P11 Consent affidavit given by the 3rd petitioner. 3/4

K.KUMARESH BABU, J.

4/4