Madras High Court
Mrs.Sumathi Muthusrinivasan vs Unknown on 6 July, 2020
Author: P.T. Asha
Bench: P.T. Asha
O.P.No.546 of 2019
IN THE HIGH COURT OF JUDICATURE AT MADRAS
Dated : 06.07.2020
CORAM
THE HONOURABLE Ms. JUSTICE P.T. ASHA
O.P.No.546 of 2019
1.Mrs.Sumathi Muthusrinivasan
2.Mr.Muthuprasanna Muthusrinivasan
3.Mrs.Nivedita Muthusrinivasan ... Petitioners
Prayer: Original Petition filed under Section 372 of Indian Succession Act
Read with Order XXV Rule 6 of Original Side Rules praying that a
Succession Certificate may be granted in favour of the 1 st petitioner with
the power to collect the securities and to receive interest, dividends
thereon and negotiate and transfer the securities as listed out in Annexure
– A and as specified in Schedule.
For petitioners : Mr.V.Ragunathan
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O.P.No.546 of 2019
ORDER
The instant petition is filed for grant of a Succession Certificate in favour of the 1st petitioner with power to collect the securities, to receive interest and dividends and to negotiate for the transfer of the securities listed in the Annexure – A to the petition.
2. The securities belonged to one Muthusrinivasa Ramanujam Reddiar. The petitioners are the wife and children of the deceased Muthusrinivasa Ramanujam Reddiar, who had died on 19.03.2018. The petitioners are the only legal heirs of the said Muthusrinivasa Ramanujam Reddiar entitled to inherit the said property. The 1st petitioner, namely, the wife of the deceased Muthusrinivasa Ramanujam Reddiar has adduced evidence as P.W.1 and she has adduced evidence on behalf of the petitioners 2 and 3 as well and marked Ex.P.1 to Ex.P.4. Ex.P.1 being the death certificate of the said Muthusrinivasa Ramanujam Reddiar and the Legal Heirship certificate as Ex.P.2. The letter received by them from Karvy Computershare Private Ltd, dated 11.07.2018 has been marked as 2/5 http://www.judis.nic.in O.P.No.546 of 2019 Ex.P.3 and this letter would indicate that the petitioners have been asked to get a Succession Certificate to have the securities to transfer to their name. Ex.P.4 is the publication effected in “Maalai Sudar” dated 07.09.2019.
3. The petitioners have jointly filed the petition seeking a direction that the grant may be made in favour of the 1st petitioner.
4. Considering the oral and documentary evidence adduced and considering that the petitioners 2 and 3 have consented to the grant being given in favour of their mother, the 1st petitioner, the above petition is allowed. There shall be a grant of Succession Certificate to the 1st petitioner in respect of the properties listed in the Annexure – A to the petition. No costs.
06.07.2020
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Index :Yes/No
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kan
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P.T. ASHA. J,
kan
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