Madras High Court
Nirmala vs Unknown on 10 July, 2020
Author: P.T. Asha
Bench: P.T. Asha
O.P.No.842 of 2019
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 10.07.2020
CORAM
THE HONOURABLE Ms. JUSTICE P.T. ASHA
O.P.No842 of 2019.
1.Nirmala
2.R. Vinod ... Petitioners
Prayer: Original Petition filed under Section 372 of the Indian Succession
Act read with Order XXV Rule 6 of the Act to grant Succession Certificate
to the petitioners with power to collect the Securities and to receive the
interest and dividends thereon and negotiate and transfer the securities
specified in the schedule.
For petitioners : Mr.S. Veerasamy
ORDER
The above application is filed for the grant of Succession Certificate in respect of the schedule mentioned securities which belonged to one G.Ramamoorthy. The petitioners are the wife and son of the said deceased G.Ramamoorthy. The said Ramamurthy died intestate on 1/4 http://www.judis.nic.in O.P.No.842 of 2019 27.05.2017 within the jurisdiction of this Court wherein he was also ordinarily residing. He had left behind him surviving only the petitioners as his sole surviving legal heirs, his mother having predeceased him. The petitioners therefore are the only Class I legal heirs of the deceased G.Ramamoorthy.
2.The petitioners would contend that despite their due and diligent search, they have not come across the last Will and Testament of the said Ramamoorthy. Therefore, being the only legal heirs, they are entitled to the securities equally. The 1st petitioner has adduced evidence as PW1 for herself as well as on behalf of her son, the 2 nd petitioner. She had in her proof affidavit reiterated the contentions in the petition and marked the Death Certificate of the said G.Ramaamoorthy as Ex.P.1, the Legal Heirship Certificate as Ex.P.2, the photocopies of the Share Certificate as Ex.P.3 (the same has been compared with the original), the letter written by the Integrated Registry Management Services Private Limited dated 31.05.2018 as ExP.4 and the paper publication in one of the Tamil daily “Makkal Kural” dated 12.12.2019 as Ex.P.5.
2/4 http://www.judis.nic.in O.P.No.842 of 2019
3.Considering the evidence adduced and the documentary evidence that has been submitted, it is clearly evident that the petitioners herein are the only legal heirs of the deceased Ramamoorthy, who are entitled to the schedule mentioned securities. From a perusal of Ex.P.4, it is also evident that the petitioners have been directed to obtain the Succession Certificate to have their shares transferred in their name.
Considering the above, this Original Petition is allowed as prayed for. The petitioners are granted Succession Certificate with power to collect the Securities and to receive the interest and dividends thereon and negotiate and transfer the securities specified in the schedule.
10.07.2020
Internet : Yes/No
Index :Yes/No
Speaking / Non-Speaking
mps
3/4
http://www.judis.nic.in
O.P.No.842 of 2019
P.T. ASHA. J,
mps
O.P.No842 of 2019
10.07.2020
4/4
http://www.judis.nic.in