Gutta Amarendra v. Idupuganti Nirmala And 2 Others

N.SATHISH KUMAR, J.

This Petition has been filed under Section 372 of the Indian Succession Act read with Order XXV Rule 6 of the Madras High Court 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 petitioner is the son of the deceased and the respondents are the daughters of the deceased. The said Gutta Ramineedu died intestate on 29.04.2009. The wife of the deceased Gutta Padmavathi Devi also died subsequently on 06.09.2017. The petitioner and the respondents are Class I legal heirs of the deceased. The deceased Gutta Ramineedu 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. There is no other person to be 1/4

impleaded in this petition. The deceased left the amount specified in the Schedule, within the jurisdiction of this Court. The securities in respect of which succession certificate is required for the value of Rs.11,61,899.80. The respondents have given consent for grant of succession certificate in favour of the petitioner. Hence, the petitioner has approached this Court for grant of succession certificate in his favour with power to collect the securities as specified in the schedule.

4. The petitioner was examined as P.W.1 and marked Exs.P1 to Ex.P.5.

5. P.W.1 in his evidence had narrated the averments made in the petition stating that the petitioner has filed this petition for grant of Succession Certificate in his favour. Ex.P.3 is the computer generated death certificate of the deceased Gutta Ramineedu. Ex.P.3 has been filed to show that the deceased died on 29.04.2009. Ex.P.2 is the legal heir certificate of the deceased Gutta Ramineedu. Ex.P.2 shows that the petitioner and the respondents are the surviving legal heirs of the deceased Gutta Ramineedu. 2/4

Ex.P.4 is the statement of transaction holding in ITC Securities Broking Limited held by the deceased G.Ramineedu. Ex.P.5 is the Paper publication and none objected for the same.

6. 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 Gutta Ramineedu. 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 and to receive deposit specified in the schedule together with interest as applicable till the date of withdrawal, is issued.

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N.SATHISH KUMAR, J.

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