Saranya Srivatsan v. Sruti Krishna And Another

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 16.03.2023

CORAM

THE HONOURABLE MR.JUSTICE K.KUMARESH BABU Saranya Srivatsan ... Petitioner Vs 1.Sruti Krishna 2.Srashta Srivatsan ... Respondents PRAYER: Original Petition filed for Succession Certificate under Section 372 of Indian Succession Act, 1925 under Order XXV Rule 6 of Original Side Rules, prays that a Succession Certificate may be granted in favour of the first Petitioner with powers to collect and encash the securities as specified in the schedule annexed hereto.

For Petitioner : Mr.P.B.Sampathkumar For Respondents : Mr.M.Kousalya for R1

ORDER

The petitioner seek Succession Certificate in respect of the securities held by R.Srivatsan, who died intestate on 12.04.2019. The petitioner is the wife and respondents 1 and 2 are the daughter and son of the deceased R.Srivatsan.

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2. The petitioner has been examined as P.W.1. She has produced the death certificate of the deceased R.Srivatsan, as Ex.P1, and the legal heirship certificate of the deceased R.Srivatsan, as Ex.P2. A perusal of Ex.P2 shows that the petitioner and the respondents are the only legal heirs of the deceased R.Srivatsan. The respondents 1 and 2 have filed their consent affidavits expressing their no objectoin for grant of Succession Certificate in favour of petitioner. The said consent affidavits have been marked as Exs.P7 and P8. 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 petitioner, since the respondents 1 and 2 have signified their consent for the grant, in respect of the securities mentioned in the schedule to the petition. Index :Yes/No Petitioner's witness:

P.W.1 - Mrs.Saranya Srivatsan 2/4

Documents exhibited by the petitioners:

Exhibits Documents Ex.P1 Computer generated death certificate of Mr.R.Srivatsan Ex.P2 Computer generated Legal Heirship certificate of Mr.R.Srivatsan Ex.P3 Photocopy of the Aadhaar card of Srivatsan Rajan Ex.P4 Photocopy of the petitioner's Aadhaar card Ex.P5 Photocopy of the Aadhaar card of the 2nd respondent Ex.P6 Original letter dated 15.07.2021 addressed to the petitioner by the Integrated Registry Management Services Private Limited Ex.P7 Consent affidavit given by the 1st respondent Ex.P8 Consent affidavit given by the 2nd respondent Ex.P9 Copy of paper publication effected in one issue of Tamil daily "Makkal Kural" dated 07.12.2022.

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K.KUMARESH BABU,J.

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