Kr.Vallikkannu And 2 Others v. No Respondent
O.P.No.46 of 2024 DR.G.JAYACHANDRAN, J., This original petition has been filed under Section 372 of the Indian Succession Act, 1925 read with under Order XXV, Rule 6 of the High Court Original Side Rules, seeking Succession Certificate in respect of certain securities of A.N.Sundar, who died on 08.08.2020. The petitioners are the wife, daughter, and son of the deceased A.N.Sundar. The details of the securities have been given in the schedule to the petition.
2. The second and third petitioners have given a consent affidavit in favour of the first petitioner to grant a succession certificate in respect of the schedule mentioned property.
3. To prove the case, the first petitioner K.R.Vallikannu, W/o. deceased Late,A.N.Sundar, had mounted the witness box and marked the exhibits. Accordingly, the 1st petitioner was examined as PW-1 and Exs.P1 to P9 have been marked.
4. The list of documents filed by the first petitioner are given below: Sl.
Documents Exhibits No.
1.
Death certificate of Mr.A.N.Sundar P1 2.
Legal heirship certificate of Mr.A.N.Sundar P2 3.
Original statement of holding as on 20.11.2023 given by Geojit Financial Services Ltd in respect of shares and securities held by Mr.A.N.Sundar bearing client I.D.No.CPS179.
P3 4.
Statement of holding as on 25.09.2023 given by National Securities Depository Limited in DP.Indian Overseas Bank (IN302437) in respect of share certificates held by Mr.A.N.Sundar in cliente I.D.No.20055956 P4 5.
Aadhaar card of 1st petitioner P5 6.
Aadhaar card of the 2nd petitioner P6 7.
Aadhaar card of the 3rd petitioner P7 8.
The certificate under Section 65B of the Indian Evidence Act,1872.
P8 9.
Copy of the paper publication effected in one issue of Tamil Daily "Makkal Kural" dated 17.07.2024. P9
5. Ex.P1-Death certificate of A.N.Sundar on 08.08.2020. The communication from the GEOJIT Financial Services Limited and from the Indian Overseas Bank, which are marked as Exs.P3&P4. The schedule mentioned securities are presently in the name of the deceased A.N.Sundar. The legal heir certificate marked as Ex.P2 shows that the petitioners are the Class-I legal heirs of deceased A.N.Sundar. The paper publication inviting public objections marked as Ex.P9, recorded no objection received.
6. In view of the fact, the petitioners are proving that they are legal heirs of deceased A.N.Sundar, and the schedule mentioned securities are in the name of deceased A.N.Sundar, and they are entitled to a succession certificate since the second and third petitioners have given consent to grant a succession certificate in favour of the first petitioner.
7. Accordingly, this Original Petition is allowed. The Succession Certificate may be issued in favour of the first petitioner, in accordance with rules, with power to collect the securities of the deceased A.N.Sundar and to receive interest and dividends thereon and negotiate and to transfer the securities specified in the schedule hereto.
22.11.2024 nvi
DR.G.JAYACHANDRAN,J.
nvi O.P.No.46 of 2024
22.11.2024