Vijaya Chakravorty v. No Respondent
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 30.04.2025
CORAM
THE HONOURABLE MR.JUSTICE K.KUMARESH BABU Vijaya Chakravorty
...Petitioner
PRAYER: Original Petition filed under Section 372 of the Indian Succession Act (No.XXXIX of 1925) read with Order XXV Rule 6 of Original Side Rules, prays that:
a) Succession Certificate may be granted to the petitioner with the power to collect the securities, to receive the interest and the dividend thereon and to transfer the securities specified in the Schedule hereto and b) Pass such further or other orders as this Hon'ble Court may deem fit and proper in the circumstances of the case and thus render justice. For Petitioners : Mr.R.Sathyanarayanan Davay
ORDER
The petitioners seek Succession Certificate in respect of the securities held by Late.Rabindranath Chakravorty @ Robi, who died intestate on 26.08.2010. The petitioner is the wife of the deceased.
2. The petitioner has been examined as PW1. She has produced the 1/4
computer generated death certificate of the deceased Late.Rabindranath Chakravorty as Ex.P1. The legal heirship certificate of the deceased has been marked as Ex.P4. A perusal of Ex.P4 shows that the petitioner is the only legal heir of the deceased Late.Rabindranath Chakravorty. A paper publication has been made which are marked as Ex.P7 and no objections have been received for the same.
3. The assertions in the petition have been duly proved by adducing oral evidence supported by documents. In these circumstances, the petitioner is entitled to the relief.
4. In view of the above evidence, the Original Petition is allowed granting Succession Certificate in favour of the petitioner, with the power to collect the securities and receive the interest and dividends and to transfer the securities mentioned in the schedule to the petition. kak Index :Yes/No Petitioner's witness:
P.W.1 - Mrs.Vijaya Chakravorty 2/4
Documents exhibited by the petitioner:
Exhibits Documents Ex.P1 Computer generated copy of the death certificate of Rabindranath (Alias) Robi Chakravorty issued on 27.09.2024.
Ex.P2 Photocopy of the passport of the deceased Rabindranath Chakravorty.
Ex.P3 Photocopy of the paper publication of death of Rabindranath (alias) Robi Chakravorty.
Ex.P4 Photocopy of the legal heirship certificate issued by Tahsildar, Egmore - Nungambakkam Taluk, Chennai dated 04.04.2013. (Original is produced, compared and returned to the petitioner's counsel) Ex.P5 Photocopy of the Aadhar Card of the petitioner. (Original is produced, compared and returned to the petitioner's counsel) Ex.P6 Photocopy of the letter by the company to the petitioner dated 24.09.2024.
Ex.P7 (Series) (2 Nos) are the one issue of paper publication in Tamil Daily in "Dina Kural" dated 06.03.2025 and English in "Southern Mail" dated 15.03.2025.
Affidavit under Section 63 of Bharatiya Sakshya Adhiniyam, 2023 is filed for Ex.P1.
kak K.KUMARESH BABU, J.
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