J.Satish Kumar v. No Respondent
A.A.NAKKIRAN, J, This Petition has been filed under Section 372 of the Indian Succession Act read with Order XXV Rule 6 of the Original Side Rules, to grant succession certificate in favour of the petitioner. 2.Heard the learned counsel for the petitioner. 3.It is the case of the petitioner that the petitioner is the brother of the deceased J.Ramesh Kumar, son of Sadhasivam Jayaraman. The said J.Ramesh Kumar died intestate on 16.03.2023. The petitioner's deceased brother is Bachelor. The petitioner brother has left behind the petitioner as his sole Class II legal heir to succeed to his estate, since there is no Class I legalheir. The deceased J.Ramesh Kumar died intestate and though due and diligent search has been made for a Will, none has been found in respect of the securities mentioned in the schedule. The deceased J.Ramesh Kumar worked at WIPRO Limited, Bangalore. The deceased left the amount specified in the Schedule, within the jurisdiction of this Court. The 1/5
succession certificate is requited for the purpose of realizing the said securities/demise benefits as the WIPRO Private Limited, sent an e-mail dated 17.05.2023 and has directed the petitioner to produce the succession certificate to be issued by the Competent Court. The securities in respect of which succession certificate is required for the value of Rs.27,96,214.98/-. No application has been made to any District Court or delegate or to any High Court for Probate of any Will of the said deceased or the Letters of Administration with or without the Will annexed o his properties and assets. Hence, the petitioner has approached this Court for grant of succession certificate in his favour with power to collect the debts and to receive interest thereon and negotiate and transfer the securities/Demise benefits more specifically mentioned in the schedule.
4.The petitioner was examined as P.W.1 and marked Ex.P1 to Ex.P.11.
5.P.W.1 has filed the proof affidaivt and had narrated the averments made in the petition stating that the petitioner haa filed this petition for grant 2/5
of Succession Certificate in his favour. Ex.P.1 is the computer generated death certificate of Mr.J.Ramesh Kumar. Ex.P.2 is the computer generated Legalheriship Certificate of Mr.J.Ramesh Kumar. Ex.P.3 is the e-mail dated 17.05.2023 sent by the petitioner to WIPRO HR with regard to settlement of benefits of deceased Mr.J.Ramesh Kumar. Ex.P.4 is the reply e-mail dated 17.05.2023 from WIPRO HR addressed to the petitioner asking for succession certificate. Ex.P.5 is the e-mail dated 19.05.2023 sent by the petitioner to WIPRO HR asking for the details of benefits of the deceased Mr.J.Ramesh Kumar. Ex.P.6 is the e-mail dated 01.06.2023 sent by WIPRO addressed to the petitioner mentioning the details of benefits of the deceased Mr.J.Ramesh Kumar. Ex.P.7 is the e-mail dated 01.06.
2023 sent by the petitioner to WIPRO asking clarification about the benefits of the deceased Mr.J.Ramesh Kumar. Ex.P.8 is the e-mail dated 02.06.2023 sent by the WIPRO to the petitioner stating the details of full and final settlement of the deceased Mr.J.Ramesh Kumar. Ex.P.9 is the affidavit for receiving electronic evidence for Ex.P3 to Ex.P.8. Ex.P.10 is the photocopy of the Aadhaar Card. Ex.P.11 is the copy of the paper publication effected in one issue of Tamil Daily "Dina Kural" dated 15.12.2023.
Considering the averments made in the petition and the documents filed by the petitioner, I am satisfied that the petitioner has succeeded the securities of the deceased J.Ramesh Kumar. Therefore, the petition is ordered as prayed for and a direction for grant of succession certificate in favour of the petitioner with power to collect the debts and to receive interest thereon and negotiate and transfer the securities/Demise benefits more specifically mentioned in the schedule, is issued. 05.02.2024 Index : Yes / No Internet : Yes / No : Yes / No mps 4/5
A.A.NAKKIRAN, J.
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