C.Ramamurthy v. Nil

P.VELMURUGAN, J.

This Original petition has been filed under Section 372 of the Indian Succession Act, 1925 read with Order XXV Rule 6 of Original Side Rules, to grant succession certificate in favour of the petitioners.

2. In the petition, it is stated that the deceased R.Anusuya Devi, died on 26.06.2008 at Sri Ramachandra Medical Centre and she ordinarily resided at W-505, 10th Street, C Sector, A.A.Nagar, West Extension, Chennai - 600 101 and left the properties within the jurisdiction of this Court. The deceased died intestate and that due and diligent search has been made for a Will, none has been found. The deceased is the wife of 1st petitioner and mother of the 2nd petitioner. The deceased at the time of her death left behind the petitioners as her Class-I legal heirs. The petitioners are the legal heirs of the deceased, who claims to be entitled equal share in the estate of the deceased. The succession certificate is required for the purpose of transmission of shares and also for collecting the dividends from the shareholding Company for the value of Rs.19,91,400/-.

3. It is further stated that the second petitioner has no objection for granting Succession Certificate in favour of the first petitioner and he has given consent affidavit to that effect.

4. Before the learned Master, the 1st petitioner examined himself as

P.W.1 and filed proof affidavit and also marked the following documents viz.,Exs.P1 to P5:

Exhibits Nature of the documents P1 Computer generated Death certificate of R.Anusuya Devi P2 Photocopy of Legal Heirship Certificate dated 09.04.2012 for R.Anusuya Devi P3 Photocopy of the share certificate bearing certificate No.838584 standing in the name of R.Anusuya Devi, issued by Vedanta Limited, formerly known as Sesa Sterlite Limited/Sesa Goa Limited, along with e-mail communication dated 05.02.2021.

P4 Consent affidavit given by the 2nd petitioner. P5 Copy of paper publication effected in one issue of Tamil daily "Makkal Kural" dated 31.01.2022.

5. From the evidence available on record, it is clear that R.Anusuya Devi died on 26.06.2008 at Ramachandra Medical Centre, leaving behind the petitioners as her surviving legal heirs. To prove the same Ex.P1/Death Certificate of deceased and Ex.P2/Legal Heirship certificate in respect of R.Anusuya Devi were marked.

6. An averment has also been made in the petition that no application has been made to the District Court or delegate or to any High Court for Probate of any Will of the deceased or Letters of Administration with or without the Will annexed to her properties and credits. No application for Succession Certificate in respect of any debts

or security belonging to the estate of the deceased has been made to any District Court or delegate or to any High Court.

7. After giving due consideration to the averments contained in the petition as well as the Exhibits marked on the side of the petitioners, I am satisfied that the 1st petitioner has succeeded the Estate of the deceased. Therefore, the petition is ordered as prayed for and a direction for grant of Succession Certificate to the 1st petitioner with power to collect the securities and to receive interest, dividends thereon and negotiate and transfer the securities as specified in the schedule, is issued. 10.03.2022 ms

P.VELMURUGAN, J.

ms 10.03.2022