T.G.Narayana Rao And 4 Others v. No Respondent

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 13.03.2025

CORAM

THE HONOURABLE MR.JUSTICE K.KUMARESH BABU 1.T.G.Narayana Rao 2.Madhusudhan Murali 3.Ms.Malini Murali 4.Mr.Murali Vellore 5.Mr.T.G.Madhav Rao ... Petitioners PRAYER: Original Petition filed for Succession Certificate under Section 372 of the Indian Succession Act, 1925 read with under Order XXV Rule 6 of Original Side Rules, prays to grant a Succession Certificate to the petitioners with the power to collect the securities and to receive the interest, dividends thereon and negotiate and transfer the securities specified in the schedule hereunder.

For Petitioners : Mr.V.Srikanth

ORDER

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The petitioners seek Succession Certificate in respect of the securities held by Late.T.R.Gnaneshwara Rao, who died intestate on 17.04.2019. The first and fifth petitioners are the children of the deceased and petitioners 2 to 4 legal heirs of the daughter of the deceased. The wife of the deceased predeceased him.

2. The fifth petitioner has been examined as PW1. He has produced the photocopy of the death certificates of the deceased T.R.Gnaneshwara Rao and his wife as Ex.P2 and Ex.P1. The legal heirship certificate of the deceased as Ex.P3. The photocopy of the death certificate and legal heir certificate of the daughter of the deceased as Ex.P4 and Ex.P5. A perusal of Ex.P3, shows that the deceased have three children including the petitioners 1 and 5. On perusal of Ex.P5, shows that the petitioners 2 to 4 are the surviving legal heirs of the deceased daughter of the deceased. It can be inferred that the petitioners are the only surviving legal heirs of the deceased T.R.Gnaneshwara Rao.

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.

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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 Speaking: Yes/ No 3/5

Petitioner's witness:

P.W.1 - Mr.T.G.Madhav Rao Documents exhibited by the petitioner:

Exhibits Documents Ex.P1 Photocopy of the death certificate of Smt.Manjula Bai G, dated 27.11.2019 Ex.P2 Photocopy of the Death Certificate of T.R.Gnaneshwara Rao, dated 02.01.2020.

Ex.P3 Photocopy of the legal heir Certificate of T.R.Gnaneshwara Rao, dated 09.08.2021.

Ex.P4 Photocopy of the Death Certificate of Murali Vijayalakshmi, dated 04.01.2023.

Ex.P5 Photocopy of the legal heir certificate of Murali Vijayalakshmi, dated 27.01.2023.

Ex.P6 Photocopy of the details of Equity Shares in the names of Deceased T.R.Gnaneshwar Rao.

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K.KUMARESH BABU,J.

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