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Madras High CourtOP/243/2023ordered

Smt.L.Lakshmi v. No Respondent

2023-08-21Honourable Ms Justice R.N.Manjula5 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 21.08.2023

CORAM

THE HONOURABLE MS.JUSTICE R.N.MANJULA L.Lakshmi ...

Petitioner Original Petition is filed under Section 372 of Indian Succession Act, 1925 r/w. Order XXV Rule 6 of the Madras High Court Original Side Rules, to grant succession certificate in favour of the petitioner with the power to collect the interest and dividend thereon and transfer the securities specified in the schedule hereto.

For Petitioner : Mr.S.Ramesh

ORDER

This petition is filed under section 372 of the Indian Succession Act, 1925 r/w. Order XXV Rule 6 of the Madras High Court Original Side Rules, to grant succession certificate in favour of the petitioner with the power to collect the interest and dividend thereon and transfer the securities specified in the schedule hereto.

2.The averments in the petition are as follows:- 1/5

The petition mentioned securities were owned by one A.R.Lakshmanan who is the husband of the petitioner herein. A.R.Lakshmanan died intestate on 13.11.1987. The petitioner and her husband did not have any issues of their own. The father of A.R.Lakshmanan predeceased him. His mother also died subsequently on 16.04.2001. Since the petitioner is in need of succession certificate to transmit the shares in her name, she had filed this petition seeking succession certificate.

3. The petitioner examined herself as P.W.1 and Exs.P1 to P7 were marked.

4. The death certificate of A.R.Lakshman and his mother are marked as Exs.P1 & P2 respectively. Ex.P3-legal heirship certificate would show that the petitioner alone is the legal heir of her late husband. Paper publication issued in one issue of Tamil daily "Makkal Kural" dated 11.07.2023 and it did not attract any objectors.

6. Since A.R.Lakshmanan died intestate and the petitioner as the 2/5

only legal heir of her husband is entitled to inherit the movable assets described in the schedule of the petition. The above documentary evidence produced by the petitioner would prove her entitlement for the grant of Succession Certificate.

7. Hence:

(a) The petition is ordered and (b) The Succession Certificate shall be issued in favour of the petitioner, with the power to collect the interest and dividends thereon and transfer the securities specified in the schedule hereto on payment of appropriate succession duty, if it not paid already. 3/5

APPENDIX Witnesses examined:

P.W.1 - L.Lakshmi Documents marked :

Exhibits Documents Ex.P1 Computer generated death certificate of A.R.Lakshmanan Ex.P2 Original death certificate of A.R.Alamelu Achi Ex.P3 Legal heirship certificate of A.R.Lakshmanan Ex.P4 Photocopy of the application form submitted by the petitioner to Grasim Industries Limited regarding transfer of shares. Ex.P5 Original letter dated 17.03.2021 addressed to the petitioner by Kfin Technologies Pvt. Limited regarding transmission of shares.

Ex.P6 Photocopy of the letter dated 19.07.2021 addressed to the petitioner by the Indian Overseas Bank regarding the service and family pension benefits of A.R.Lakshmanan Ex.P7 Paper publication effected in one issue of Tamil Daily "Makkal Kural" dated 11.07.2023 4/5

R.N.MANJULA, J.

O.P.No. 243 of 2023 5/5