K. Rajalakshmi v. No Respondent

IN THE HIGH COURT OF JUDICATURE AT MADRAS

Dated : 14.07.2020

CORAM

THE HONOURABLE Ms. JUSTICE P.T. ASHA 1.K.Rajalakshmi 2.Latha 3.Gayathri 4.R.Sruthi 5.R.Vignesh ...

Petitioners (4 & 5 Minor, Rep. by their mother and Natural guardian Smt.Gayathri) Prayer: Original Petition filed under Section 372 of Indian Succession Act Read with Order XXI Rule 6 of Original Side Rules praying to grant the Succession Certificate in favour of the 2nd petitioner with the power to collect the securities and to receive the shares, interest and dividends on and negotiate and transfer the securities specified in the schedule. For Petitioners :

Mr.G.Veerabathiran 1/4

ORDER

The above petition is filed for grant of a Succession Certificate in favour of the 2nd petitioner in respect of the suit schedule securities. The suit schedule securities belonged to one K.S.Venkataraman who died on 10.08.2000. The petitioners are the Wife, daughter and son respectively of the Deceased K.S.Venkataraman. The said K.S.Venkataraman died leaving behind him surviving his wife, the 1st petitioner, his daughter, the 2nd petitioner and his son Ramesh. The said Ramesh also died on 29.04.2017 and his legal heirs are petitioners 3, 4 and 5. The 3rd petitioner being his wife and petitioners 4 and 5 being his minor children. The petitioners have given their consent for having the Succession Certificate granted to the 2nd petitioner. The petitioners would also state that the said K.S.Venkataraman had not left behind any Will and that the petitioners even after due and diligent search have not come across one. Therefore, the petitioners have come forward with the above petition.

2. The 2nd petitioner has examined herself as P.W.1 and has marked Ex.P.1 to Ex.P.11.

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3. Considering the contentions in the Petition and the oral and documentary evidence it is evident that the petitioners are the only persons entitle to the suit securities. Further, taking into account the consent that has been given in the petition itself by the other petitioners, this Court is inclined to allow the petition as prayed for. Consequently, the Succession Certificate is granted in favour of the 2nd petitioner in respect of the suit schedule securities. No costs.

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