P.Jayasree And 2 Others v. Nil
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 21.12.2022
CORAM
THE HONOURABLE MR.JUSTICE SENTHILKUMAR RAMAMOORTHY
1. P.Jayasree W/o.D.Prasad Rao No.69 B, GFLR Krishna Krupa APT, Madipakkam Main Road, Madipakkam, Chennai-600 091.
2. P.Abhinaya D/o.D.Prasad Rao Individual Society Flat No.103, Plot No.32, Sector 40, Nerul West, Near D Mart, Navi Mumbai, Nerul Node-III, Thane, Nerul Node-III, Maharashtra-400 706.
3. D.Premila Bai, W/o.Deenadayalan, No.135, A/44, Kamatchi Amman Koil, Sannathi Street, Big Kanchipuram, Kanchipurm-631 502.
... Petitioners PRAYER: Original Petition filed under Section 372 of Indian Succession Act, Act XXXIX of 1925 and Order Rule 6 of the High Court Original Side 1/6
Rules, prays that a Succession Certificate may be granted to the 1st petitioner namely Mrs.P.Jayasree with power to collect the securities and to receive interest, dividends thereon and negotiate and transfer the securities specified in the Schedule hereunder.
For Petitioners : Mr.A.Abdul Rahman for M/s.Nathan & Associates **********
O R D E R
The petitioners seek the issuance of a succession certificate to the first petitioner in respect of the securities listed in the schedule to the petition.
2. The petitioners state that Mr.D.Prasad Rao was the husband of the first petitioner, father of the second petitioner and son of the third petitioner. He died intestate on 21.08.2020 at a Hospital in Navi Mumbai, but ordinarily resided at the address specified in paragraph 4 of the petition, which is within the jurisdiction of this Court.
3. The petitioners further state that no Will was found in spite of due and diligent search of the same. In order to establish entitlement to the relief 2/6
claimed, the petitioners adduced evidence by examining the first petitioner as PW1. In course of the examination-in-chief of PW1, the seven documents listed at the foot of this order were exhibited as Exs.P1 to P7. The death certificate of the late D.Prasad Rao is on record (Ex.P2). This document discloses that he died on 21.08.2020 at a hospital in Navi Mumbai. The document also discloses the permanent address of the deceased, which is within the jurisdiction of this Court. The legal heirship certificate in respect of the late D.Prasad Rao is on record (Ex.P1). This document discloses the names of the three petitioners as the legal heirs of the deceased. The consolidated accounts statement issued by the depository is on record (Ex.P6). Paper publication was effected in one issue of the Tamil daily "Makkal Kural" (Ex.P7). The second and third petitioners have submitted their consent affidavits.
4. Based on the assertions in the petition and the evidence adduced in support thereof, the petitioners are entitled to succeed. 3/6
5. Accordingly, O.P.No.14 of 2022 is allowed by granting a succession certificate to the first petitioner in respect of the securities listed in the schedule to the petition with power to collect the securities, receive interest and dividends thereon and negotiate and transfer the same. kal Index : Yes / No Petitioner's witness:
P.W.1 - Mrs.P.Jayasree Documents exhibited by the petitioners:
Exhibit No.
Description Ex.P1 The computer generated Legal heirship Certificate of Mr.D.Prasad Rao.
Ex.P2 The computer generated death certifiate of Mr.D.Prasad Rao. Ex.P3 The photocopy of my Aadhaar card (Compared with the original) Ex.P4 The photocopy of the Aadhaar card of the 2nd petitioner (Compared with the original) Ex.P5 The photocopy of the Aadhaar card of the 3rd petitioner 4/6
Exhibit No.
Description (Compared with the original).
Ex.P6 The computer generated NSDL Consolidated Account Statement in respect of the shares held by Mr.D.Prasad Rao. Ex.P7 The copy of paper publication effected in one issue of Tamil daily "Makkal Kural" dated 29.09.2022.
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SENTHILKUMAR RAMAMOORTHY,J kal 6/6