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Madras High CourtOP/847/2019ordered

R.K.Shriramkumar v. No Respondent

2020-07-08Honourable Ms. Justice P.T. Asha4 pages

1 OP.No. 847 of 2019

IN THE HIGH COURT OF JUDICATURE AT MADRAS

Dated : 08.07.2020

CORAM

THE HONOURABLE Ms. JUSTICE P.T. ASHA OP.No. 847 of 2019 1.R.K.Shriramkumar 2.Srimathi Mani 3.Srilakshmi 4.Sreemathangi ...

petitioners Prayer ::- Petition filed under Section 372 of the Indian Succession Act, r/w Order XXV Rule 6 of O.S. Rules, to grant succession certificate to the 1st petitioner.

For Petitioners : Balaji P.B.

ORDER

The above petition is filed seeking grant of Succession certificate to the first petitioner to collect the securities and to receive the interests and dividends thereon and negotiate and transfer the securities which have been detailed in the Schedule to the Petition.

2 OP.No. 847 of 2019

2. The securities are the 843 shares in Shriram Transport Finance Company Limited.

3. The petitioners would contend that they are the son and daughters of one R. V. Krishnamurthy who was the holder of the securities detailed in the schedule to the petition.

4. The petitioner would state that their father had died intestate on 22.11.2018 and it is only the petitioners who are his sole surviving legal representatives entitled to a 1/4th share each in the estate of the deceased R.V.Krishnamurthy. The petitioners have therefore moved the petition for grant of succession certificate in their favour in respect of the securities.

5. The first petitioner has adduced evidence as PW1 and apart from reiterating the contents of the petition in his proof affidavit, he has marked the death certificate of his father as Ex.P1, the death certificate of his mother, Kusuma Krishnamoorthy as Ex.P2, Legal Heirship Certificate as P3, Photo

3 OP.No. 847 of 2019 copy of the dividend of the security as P4 (marked after comparing and verifying with the original), consent affidavit given by the petitioners 2 to 7 have been marked as P5 to P7 and the paper publication in one issue of Tamil daily "Malai Sudar" on 03.02.2020 has been marked as Ex.P8.

6. Considering the evidence that has been adduced before this Court and taking into account the consent affidavits filed by other petitioners namely petitioners 2 to 4, this Petition is allowed granting succession certificate to the first petitioner as prayed for.

08.07.2020 Internet : Yes/No Index :Yes/No Speaking / Non-Speaking mrn

4 OP.No. 847 of 2019 P.T. ASHA. J, mrn OP.No. 847 of 2019 08.07.2020