G.Narayanan v. No Respondent

A.A.NAKKIRAN, J, This Petition has been filed under Section 372 of the Indian Succession Act read with Order XXV Rule 6 of the Madras High Court Original Side Rules, to grant Succession Certificate in favour of the petitioner.

2.Heard the learned counsel for the petitioner. 3.It is the case of the petitioner that the petitioner is the son of late Mrs.Jayam Gopalakrishnan who died on 04.06.2014. The husband of the said Jayam, namely, P.N.Gopalakrishnan died much earlier on 06.08.1992. The deceased Jayam ordinarily resided at No.4, Shivani Homes, Flat No.S1, Madam Street, Gangai Nagar, Kallikuppam, Ambattur, Chennai - 600 053. She left securities in the form of equity shares in her name, which are specified in the schedule within the jurisdiction of this Court. She died intestate and that due and diligent search has been made for the Will, but none has been found.

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4.The deceased Jayam at the time of her death left her son Mr.G.Narayanan, the petitioner herein as his only legal heir. The petitioner is the only surviving Class I legal heir of the deceased Jayam Gopalakrishnan, entitled to claim the entire securities of the deceased, mentioned in the schedule, as there is no other kith or kin of the said Jayam Gopalakrishnan, except the petitioner. The Succession Certificate is required for the purpose of transmitting the mutual fund/equity shares of late Jayam Gopalakrishnan as specified in the Schedule. Hence, the petitioner has approached this Court for grant of Succession Certificate in favour of the petitioner with power to collect the securities and to receive the dividends and negotiate and transfer the securities specified in the schedule.

5.The petitioner was examined as P.W.1 and marked Exs.P1 to Ex.P.8.

6.P.W.1 in his evidence had narrated the averments made in the petition stating that the petitioner has filed this petition for grant of 2/5

Succession Certificate in favour of the petitioner. Ex.P.1 is the computer generated Death Certificate of the deceased Jayam Gopalakrishnan. Ex.P.1 has been filed to prove that the deceased died on 04.06.2014. Ex.P.2 is the copy of the original Legalheirship Certificate of the deceased Jayam Gopalakrishan shows that the petitioner is the legal heir of the deceased Jayam Gopalakrishnan. Ex.P.3 is the copy of the Aadhaar Card of the petitioner. Ex.P.4 is the copy of the Family Card of the petitioner. Ex.P.5 is the photocopy of the Share Certificate in Sundaram Fasteners Limited standing in the name of Jayam Gopalakrishnan. Ex.P.6 is the downloaded copy of face value of shares as per National Stock Exchange in respect of the shares held by Jayam Goapal Krishnan in Sundaram Fasterners Limited. Ex.P.7 is the affidavit for receiving electronic evidence in Ex.P.6. Ex.P.8 is the copy of the paper publication effected in one issue of Tamil Daily "Malai Murasu"dated 26.12.2023.

7.Considering the averments made in the petition and the documents filed by the petitioner, I am satisfied that the petitioner has succeeded the estate of the deceased Jayam and Goapalakrishnan. Therefore, the Original 3/5

Petition is ordered as prayed for and a direction for grant of Succession Certificate in favour of the petitioner with power to collect the securities and to receive the dividends and negotiate and transfer the securities specified in the schedule, is issued.

09.02.2024 mps 4/5

A.A.NAKKIRAN, J, mps 09.02.2024 5/5