Rm Lakshmi And 3 Others v. No Respondent
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 25.07.2023
CORAM
THE HONOURABLE MS.JUSTICE R.N.MANJULA 1.RM Lakshmi 2.RM Suresh 3.RM Shanthi 4.RM Vinoth Karthik ... Petitioners PRAYER: Original Petition filed for Succession Certificate under Section 372 of Indian Succession Act 39 of 1925 read with Order XXV Rule 6 of Original Side Rules, prays that a Succession Certificate may be granted to the 2nd petitioner i.e., R M Suresh with the power to collect the Securities and to receive the interest or dividends thereon and Negotiate and transfer the securities specified in the schedule hereto. For Petitioners : Ms.Mithreyi Kasthurirangan
ORDER
This Petition has been filed under Section 372 of the Indian Succession Act for grant of Succession Certificate in respect of the petition mentioned securities owned by the father of the 2nd petitioner by name C.K.P.Ramanathan.
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2. The 1st petitioner is the wife of C.K.P.Ramanathan and the petitioners 2 to 4 are the sons and daughter of the C.K.P.Ramanathan. The said C.K.P.Ramanathan died on 26.11.2017 and the securities detailed in the schedule belonged to him and he died intestate. The petitioners are the only surviving legal heirs of the deceased C.K.P.Ramanathan; hence, the petitioners have filed this original petition for grant of Succession Certificate in favour of the 2nd petitioner.
3. The 2nd petitioner is examined himself as PW.1 and the following documents were marked through him and they are listed as hereunder: Exhibits Documents Ex.P1 The computer generated copy of the death certificate of Ramanathan dated 13.12.2017.
Ex.P2 The photocopy of the legal heir ship certificate of C.K.P. Ramanathan dated 01.03.2018 (compared with original) Ex.P3 The printout of the email sent by the 2nd petitioner to Integrated Registry Management Services Private Limited dated 26.09.2022 Ex.P4 The printout of the email sent by Integrated Registry Management Services Private Limited to the 2nd petitioner dated 30.09.2022 Ex.P5 The original certificate showing value of hare dated 27.10.2022 Ex.P6 The photocopy of the Aadhar of deceased CKP.Ramanathan. (compared with original) Ex.P7 The photocopy of the Aadhar of 1st petitioner. (compared with original) 2/4
Exhibits Documents Ex.P8 The photocopy of the Aadhar of 2nd petitioner (compared with original) Ex.P9 The photocopy of the Aadhar of 3rd petitioner.(compared with original) Ex.P10 The photocopy of the Aadhar of 4th petitioner (compared with original) Ex.P11 The consent affidavit of 1st petitioner dated 27.10.2022 Ex.P12 The consent affidavit of 3rd petitioner dated 27.10.2022 Ex.P13 The consent affidavit of 4th petitioner dated 27.10.2022 Section 65B affidavit is filed along with proof affidavit for Ex.P3 and Ex.P4
4. The petitioners 1, 3 & 4 have given their consent affidavits in favour of the 2nd petitioner and the same have been marked as Ex.P-11, 12 &
13. The legal heir certificate produced as Ex.P2 would show that except the petitioners there are no other surviving legal heirs for the deceased C.K.P.Ramanathan. Since the said C.K.P.Ramanathan died intestate, the petitioners, who are his only legal heirs are entitled to inherit the securities among themselves equally. The paper publication issued in Tamil daily "Makkal Kural" dated 26.04.2023 did not attract any objectors.
5. Based on the above oral evidence of PW.1 and the documentary evidence produced, the petitioners have proved their claim. In view of the 3/4
R.N.MANJULA, J.
jrs consent given by the other petitioners 1, 3 and 4 in favour of the second petitioner, the succession certificate can be issued to the second petitioner. 6.Hence:
(a) the petition is ordered and (b) The Succession Certificate shall be issued in favour of the 2nd petitioner with a power to collect the debts with interest and dividends on and negotiate and transfer the securities (shares) specified in the schedule to the petition on payment of appropriate succession duty, if it not paid already.
25.07.2023 jrs Index :Yes/No 4/4