Madras High CourtOP/946/2018allowed

Capt. Arun Rajagopal v. Rajagopal

2019-07-30Honourable Mr Justice R. Subramanian3 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

(TESTAMENTARY AND INTESTATE JURISDICTION) TUESDAY, THE 30TH DAY OF JULY 2019 THE HON'BLE MR. JUSTICE R.SUBRAMANIAN O.P.No.946 of 2018 In the matter of Indian Succession Act, XXXIX of and In the matter of securities of Sulochana Rajagopal died intestate on 22.08.2011.

CAPT. ARUN RAJAGOPAL S/O.RAJAGOPAL, No.85, Defence Colony, Ekaduthangal, Chennai-600032 ..Petitioner -VS1.RAJAGOPAL ** (DECEASED) No.85, Defence Colony, Ekaduthangal, Chennai-600032

2. RADHIKA No.85, Defence Colony, Ekaduthangal, Chennai-600032

3. RENUKA No.85, Defence Colony, Ekaduthangal, Chennai-600032 **(Amended carried out as per order dated 19.07.2019 on memo dated 12.07.2019 in O.P.No.946 of 2018. The petitioners 2nd and 3rd respondent are legal heirs of deceased R1) ..Respondents Original Petition praying that this Hon'ble Court be pleased to grant a Succession Certificate to the petitioner with power to collect securities and receive the interest and dividends on and negotiate and transfer the securities specified in the schedule in the petition.

This Original Petition coming on this day before this court for hearing the court made the following order: The petitioner seeks issuance of Succession Certificate in respect of the securities held by his mother late Sulochana Rajagopal who died intestate on 22.08.2011.

2. The 1st respondent is the husband of the deceased/father of the petitioner and the respondents 2 and 3 are the daughter of the deceased / sisters of the petitioner.

3. The 1st respondent Rajagopal died pending the Original Petition on 07.06.2019. The petitioner and the 2nd and 3rd respondents were declared as legal heirs of the deceased Rajagopal.

4. The petitoner has been examined as PW1. He has filed the death certificate of his mother Sulochana Rajagopal as Ex.P1. The legal heirship certificate has been filed as Ex.P2. The consent affidavits of the respondents 1 to 3 have been filed as Ex.P4 to Ex.P6. The death certificate of the 1st respondent has been filed as Ex.P8. Necessary publications have been effeced and no objections have been received.

5. Considering the evidence on record. I find that the petitioner is entitled to issuance of Succession Certificate in respect of the securities that stood in the name of sulochana Rajagopal.

6. In fine, this Original Petition is allowed granting Succession Certificate in respect of the securities mention in the schedule to the petition in favour of the petitioner.

Sd/.R.S.M.J 30.07.2019 //Certified to be a true copy// Dated this the day of 2019.

SU/20.08.2019 COURT OFFICER From 25.09.2008 the Registry is issuing certified copies of the Order/Judgment Decree in this format.