Mr.R.Subramanian (Deceased) 1.Mrs.R.Padma And 2 Others v. Nil
in O.P.No.495 of 2003 K.KUMARESH BABU, J.
This application has been filed to order an extension of the Succession Certificate granted in O.P.No.495 of 2003 vide order dated 05.10.2003 with power to collect the securities, receive interest and dividends on and negotiate and transfer in respect of the securities more fully described in the Schedule to this Application, in favour of the second applicant Mrs.S.Sasikala.
2. By an order dated 15.03.2023, this Court had directed the recording of evidence before the learned Master. After recording of evidences, the same has been listed before this Court.
3. The case of the applicants in this Application is that initially, first applicant along with her brother Mr.R.Subramanian who died on 20.11.2016 had filed O.P. seeking for issuance of the Succession Certificate and by an order dated 05.10.2003, this Court had granted Succession Certificate in favour of them for the Securities appended in the O.P. Since Mr.R.Subramanian, the first petitioner in O.P. died on 20.11.2016, the legal heirs of the deceased Mr.R.Subramanian, the first petitioner in O.P. filed this Application along with the first applicant/second petitioner. They are the second and third applicants in this Application. Page No. 1 of 4
4. It is submitted that at the time of preparing the O.P., the applicants had inadvertently missed out to list some of the securities and therefore prayed for extension of the Succession Certificate to the securities listed in the Schedule to this Application in favour the second applicant only. The first and third applicants filed Consent Affidavit for grant of Succession Certificate in favour of the second applicant.
5. The second applicant had examined herself as P.W.1 and has marked Ex.A1 to A6. On perusal of the affidavit filed in support of this Application and the evidences, I am of the view that the Succession Certificate issued in O.P. is extended to the Securities listed in the Schedule to this Application in favour of the second applicant as prayed for.
6. Therefore, the Registry is directed to issue Succession Certificate for the Securities listed in the Schedule to this Application in favour of the second applicant.
7. Accordingly, this Application is ordered as prayed for. Jen Applicants' witness:
Page No. 2 of 4
Mrs.S.Sasikala : P.W.1 Documents exhibited by the Applicants:
Sl.
No.
Exhibits Date Particulars of Documents A1 02.12.2004 Succession Certificate A2 17.08.2021 Death Certificate of Mr.R.Subramanian A3 24.01.2017 Legal Heir Certificate A4 - Aadhar Card of the second applicant A5 30.11.2022 Consent Affidavit of the first applicant A6 30.11.2022 Consent Affidavit of the third applicant KBJ Page No. 3 of 4
K.KUMARESH BABU, J.
Jen in O.P.No.495 of 2003 Page No. 4 of 4