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Madras High CourtOP/246/2022allowed

Shashikala Seshadri And 2 Others v. No Respondent

2022-09-12Honourable Mr Justice C.V. Karthikeyan2 pages

O.P.No.246 of 2022 C.V.KARTHIKEYAN, J., This petition has been filed under Order XXV Rule 6 of O.S.Rules read with Section 372 of the Indian Succession Act, for the grant of Succession Certificate to be issued in favour of the 1st petitioner with the power to collect the Securities and to receive the interest and dividends on and negotiate and transfer the securities specified in the schedule hereto.

2. The first petitioner is the widow of the deceased Bankipur Tilak Seshadri. The second petitioner is his son and the third petitioner is his daughter. Necessity to file this petition arose since Bankipur Tilak Seshadri owned securities in the form of shares in various companies. The list had been given in the schedule to the petition. Naturally, private limited companies or any other company would be a little apprehensive to transfer the names in the share certificate without production of a Succession Certificate.

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C.V.KARTHIKEYAN, J., vsg

3. The petitioner was invited to adduce evidence and she examined himself as PW-1 and she had marked Exs. P-1 to P-10. Ex.P-1 was the death certificate of Bankipur Tilak Seshadri, Ex.P-2 was the legal heir certificate, Exs. P-3, P-4 and P-5 relate to the holdings, namely, the securities of Bankipur Tilak Seshadri. In view of the fact that necessary procedure had been followed, I hold that there is no bar in granting Succession Certificate.

4. Accordingly, this Original Petition stands allowed. Let Succession Certificate be issued in the name of the first petitioner. 12.09.2022 vsg O.P.No.246 of 2022 https://www.mhc.tn.gov.in/judis