Mallika Fernandez v. No Respondent
IN THE HIGH COURT OF JUDICATURE AT MADRAS
(TESTAMENTARY AND INTESTATE JURISDICTION) DATED, THE 13TH DAY OF MARCH 2019 THE HON'BLE MR.JUSTICE R.SUBRAMANIAN O.P.No.976 of 2018 In the matter of the Indian Succession Act XXXIX of 1925 and In the matter of certain debts & Securities of Shuddhimati Ramaseshan (deceased Intestate) 1.Mrs.Mallika Fernandez, residing at No.4, Block -1, Dasappa Layout, Ramamurthy Nagar, Bangalore 560 016 temporarily at Chennai 2.Mr.Ananth Ramaseshan, residing at 10/22 Deepak Apartment, V Avenue Besant Nagar, Chennai 600 090 3.Mr.Shankar Ramaseshan residing at B 602 Nagarathna Pearl Bay, Puthiya Road, Kadavanthra, Cochin temporarily at Chennai ...Petitioners Original Petition praying that this Honble Court be pleased to grant succession certificate to the first Petitioner herein, with power to collect the securities and to receive the interest and dividends on and negotiate the 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: This petition has been filed seeking issuance of Succession Certificate in the name of the first petitioner in respect of securities left behind by Late Mrs.Shuddhimati Ramaseshan, who died intestate on 04.09.2017. The petitioners are the children of the deceased Shuddhimati Ramaseshan and the husbandC.A.Ramaseshan predeceased her.
2. The first petitioner has been examined herself as P.W.1. She has produced the Original Death Certificate of the deceased Shuddhimati Ramaseshan, as Ex.P1 and the Legal Heirship Certificate as Ex.P2. The copy of the death certificate of Mr. C.A.Ramaseshan has been filed as Ex.P3. The other petitioners have filed consent affidavits expressing their consent for grant of Succession Certificate in favour of the 1st petitioner and those consent affidavits marked as Ex.P6 and P7. A publication has been effected and no objections have been received. A perusal of Ex.P2 -legal heirship certificate shows that the petitioners are the only legal heirs of the deceased Shuddhimati Ramaseshan.
3. In view of the same, this original petition is allowed granting Succession Certificate in favour of the
first petitioner, in respect of securities mentioned in the petition.
Sd/.R.S.M.J 13.03.2019 //Certified to be a true copy// Dated this the day of 2019.
R.s/03.07.2019 COURT OFFICER From 25.09.2008 the Registry is issuing certified copies of the Order/Judgment Decree in this format.