V.Sitaram v. Nil
KRISHNAN RAMASAMY.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 second petitioner.
2.It is the case of the petitioners that they are the sons of the deceased N.Venkataraman, who died intestate on 16.02.2008. The wife of the deceased N.Venkataraman namely Rajalakshmi, had passed away on 12.05.2019, leaving behind her two sons viz., the petitioners herein as legal heirs and hence, the petitioners herein are the only Class - I legal heirs of deceased N.Venkataraman. During his life time, the deceased N.Venkataraman has invested in shares morefully described in the schedule to the petition. The petitioners are filing this petition for grant of Succession Certificate in favour of the second petitioner. The total amount of the assets value will be for a sum of Rs.1,18,72,624.05/-.
3.It is further stated that other than the petitioners, there are no other relatives to succeed the estate as legal heirs. Therefore, the petitioners are entitled for share in the estate of the said deceased N.Venkataraman. 4.No application for a succession certificate in respect of any debt or security belonging to the estate of the said deceased has been made to any District Court or delegate or to any High Court. Hence, the petitioners have approached this Court for grant of succession certificate in favour of the second petitioner with power to collect securities and to receive interest, dividends thereon and negotiate and transfer the securities specified in the petition schedules.
5.In order to prove their case, Mr.V.Sriram, the second petitioner herein, is examined as PW.1 and marked Exs.P1 to P7. Ex.P1 is the computer generated death certificate of N.Venkataraman. Ex.P2 is the original Legal Heirship certificate of N.Venkataraman. Ex.P3 is the computer generated death certificate of V.Rajalakshmi. Ex.P4 is the computer generated Legal Heirship certificate of V.Rajalakshmi.
Ex.P5(series 41 nos) are the photocopies of the share certificates standing in the name of deceased N.Venkataraman. Ex.P 6 is the consent affidavit given by the first petitioner. Ex.P7 is the copy of paper publication effected in one issue of Tamil daily "Makkal Kural" dated 02.04.2022. Despite the paper publication also, none has appeared and raised their objections. 6.Considering the averments made in the petition and the evidence tendered by PW.1 along with the documents marked as Exs.P1 to P7, this Court is satisfied that the petitioners have succeeded for the Estate of the deceased N.Venkataraman. Therefore, the petition is ordered as prayed for and a direction for grant of Succession Certificate to the second petitioner with power to collect the debts and to receive the interest and dividends on and negotiate and transfer the securities specified in the schedule, is issued. 7.Accordingly, the second petitioner is entitled for the relief as prayed for by the petitioners and this Original Petition stands allowed. 29.07.2022 dn
KRISHNAN RAMASAMY.J., dn 29.07.2022