Madras High Court
K.Kalyanasundaram vs Unknown on 29 June, 2019
Author: K.Kalyanasundaram
Bench: K.Kalyanasundaram
O.P.No.301 of 2019
O.P.No.301 of 2019
K.KALYANASUNDARAM, J.
This Petition has been filed under Section 372 of the Indian Succession Act XXXIX, 1925 r/w Order XXV Rule 6 of O.S Rules.
2.In the petition, it is stated that the deceased B.Sankar Raman, died on 18.07.2004 at No.9/5(31), Anu Apartments, Vinayagam Street, West Mambalam, Chennai – 600 033 and he was ordinarily resided at the above mentioned address and left the properties within the jurisdiction of this Court. The deceased died intestate and though due and diligent search has been made for Will, but, none has been found. The deceased is the husband of the first petitioner and father of the 2 nd petitioner. The deceased at the time of his death left behind the petitioners herein as his only surviving legal heirs, who claims to be entitled a share of the estate of the deceased. The succession certificate is required for the purpose of transferring the securities of the deceased for the value of Rs.7,40,695/-.
3.No application has been made at any District court or delegate or to any other High Court for probate of any Will of the said deceased or Letters of 1/5 http://www.judis.nic.in O.P.No.301 of 2019 Administration with or without the Will annexed to his property and credits or for a Succession Certificate. Hence, the petitioners have approached this Court for grant of Succession Certificate in favour of the petitioners, with power to collect the securities and to receive the interest and dividends or proceeds and negotiate and transfer the securities specified in the schedule.
4.The first petitioner examined herself as P.W.1 and deposed evidence on behalf of the 2nd petitioner and also marked the following documents viz., Exs.P1 to P8.
i) Ex.P1 is the original death certificate of my husband B.Sankar Raman, who died on 18.07.2004.
ii) Ex.P2 is the photocopy of the Legal Heirship Certificate in respect of my deceased husband Sankar Raman.
iii) Ex.P3 is the photocopy of the share certificate in Interfit Techno Products Limited bearing No.039480 held by my deceased husband B.Sankar Raman (Marked after comparing and verifying with the original).
iv) Ex.P4 (series 8 sheets) are the photocopies of the share certificates in Karnataka Explosives Limited bearing certificate Nos.008646, 008647, 000909, 000774, 008017, 008018 and 008004 held by my deceased husband B.Sankar Raman (Marked after comparing and verifying with the originals). 2/5
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v) Ex.P5 (series 4 sheets) are the photocopies of the share certificates in Saurashtra Cement Limited bearing certificate Nos.73034, 0042309, 0013589 and 88066 held by my deceased husband B.Sankar Raman (Marked after comparing and verifying with the originals)
vi) Ex.P6 is the photocopy of the debenture certificate in Supreme Petrochem Limited bearing debenture certificate No.141568 held by my deceased husband B.Sankar Raman (Marked after comparing and verifying with the originals).
vii) Ex.P7 (series 2 sheets) are the photocopies of share certificate in Hind Rectifiers Limited bearing certificate Nos.7970 and 7971 held by my deceased husband B.Sankar Raman.
viii) Ex.P8 is a copy of paper publication effected in one issue of Tamil daily "Thina Boomi" dated 29.06.2019.
She has further stated in her evidence that she has not filed any other petition seeking the same relief.
5. Considering the averments made in the petition and the documents filed by the petitioners, I am satisfied that the petitioners have succeeded the Estate of the deceased. Therefore, the petition is ordered as prayed for and a direction for grant of Succession Certificate to the petitioners with power to 3/5 http://www.judis.nic.in O.P.No.301 of 2019 collect the securities and to receive the interest and dividends or proceeds thereon and negotiate and transfer, is issued. The petitioners are directed to render account once in a year.
17.09.2019 cse 4/5 http://www.judis.nic.in O.P.No.301 of 2019 K.KALYANASUNDARAM, J.
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