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Madras High CourtOP/648/2024ordered

Anuradha Seetharaman And 2 Others v. No Respondent

2025-04-04Honourable Mr Justice K.Kumaresh Babu4 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 04.04.2025

CORAM

THE HONOURABLE MR.JUSTICE K.KUMARESH BABU 1.Mrs.Anuradha Seetharaman 2.Ms.K.Charulatha 3.Mr.K.Balakrishnan

...Petitioners

PRAYER: Original Petition filed under Sections 372 of the Indian Succession Act read with Order XXV Rule 6 of the Original Side Rules, prays that a Succession Certificate may be granted to the petitioners with power to collect the securities and to receive the interest and dividends on and negotiate and transfer the securities specified in the schedule hereto. For Petitioners : Mr.N.Vishnuvardhan

ORDER

The petitioners seek Succession Certificate in respect of the securities held by Late Rajalakshmi Kannikeswaran, who died intestate on 22.06.2022. The petitioners are the children of the deceased. The husband of the deceased predeceased her. The petitioners 2 and 3 are represented by the power of attorney agent, the first petitioner.

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2. The first petitioner has been examined as PW1. She has produced the computer generated death certificates of the deceased Rajalakshmi Kannikeswaran and his husband as Ex.P1 and Ex.P3. The computer generated legal heirship certificates of the deceased and his husband as Ex.P2 and Ex.P4. A perusal of Ex.P2, shows that the petitioners are the only legal heirs of the deceased Rajalakshmi Kannikeswaran.

3.The assertions in the petition have been duly proved by adducing oral evidence supported by documents. In these circumstances, the petitioners are entitled to the relief.

4. In view of the above evidence, the Original Petition is allowed granting Succession Certificate in favour of the petitioners, with the power to collect the securities and receive the interest and dividends mentioned in the schedule to the petition.

Index :Yes/No Petitioner's witness:

P.W.1 - Mrs.Anuradha Seetha Raman Documents exhibited by the petitioners:

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Exhibits Documents Ex.P1 Computer generated copy of the death certificate of the deceased Mrs.Rajalakshmi Kannikeswaran issued on 02.08.2022.

Ex.P2 Computer generated copy of the legal heir certificate of the deceased Mrs.Rajalakshmi Kannikeswaran dated 12.09.2022.

Ex.P3 Computer generated copy of the death certificate of the predeceased Mr.Kannikeswaran died on 11.09.2015. Ex.P4 Computer generated copy of the legal heir certificate of the predeceased Mr.Kannikeswaran dated 25.01.2019. Ex.P5 Photocopy of the shareholding confirmation statement dated 27.05.2024. (Original is produced, compared and returned to the petitioner's counsel) Ex.P6 Original registered Power of Attorney vide Doc.No.121/2024 dated 02.07.2024.

Affidavit under Section 65 B of Indian Evidence Act/ Section 63(4) (c) of Bharatiya Sakshya Adhiniyam, 2023 filed for Exs.P1 to P4.

K.KUMARESH BABU, J.

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