Allowed¶23

K.S.Raghu Vasanth Rao and 2 Others v. No Respondent

Madras HC17 Mar 2025OP/673/2024

Case brief

AI extract

What is this about?

Madras High Court, Original Side, O.P.No.673 of 2024, decided 17.03.2025 by K.Kumaresh Babu J. Succession certificate under Section 372 of Indian Succession Act 1925 read with Order XXV Rule 6 of Original Side Rules for securities/shares of Late.Mr.K.R.Suresh Babu Rao, died intestate 16.08.2012. Petitioners: son K.S.Raghu vasanth rao, wife Tmt.K.S.Jayalakshmi Bai, daughter Miss.K.S.Uma Rani Bai; counsel Mr.N.Srinivasa Raghavan. Consent affidavits Ex.P10 and Ex.P11; paper publication, no objections; petition allowed, certificate issued to first petitioner with power to collect securities and receive interest and dividends.

What did the court decide?

Succession Certificate granted in favour of the first petitioner with power to collect the securities and receive the interest and dividends mentioned in the schedule to the petition. ¶23

K.S.Raghu Vasanth Rao and 2 Others Vs No Respondent — Succession and Inheritance | Madras HC (2025)

What the court decided

AI extract

Outcome

Succession Certificate granted in favour of the first petitioner with power to collect the securities and receive the interest and dividends mentioned in the schedule to the petition.

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Issue for consideration

Whether the petitioners are entitled to a succession certificate in respect of the securities held by the deceased Late.Mr.K.R.Suresh Babu Rao, who died intestate on 16.08.2012.

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Court's answer

Perusal of Ex.P3 (legal heirship certificate) establishes that the petitioners are the only surviving legal heirs of the deceased Late.Mr.K.R.Suresh Babu Rao.

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Ratio / Principle

The second and third petitioners submitted consent affidavits in favour of the first petitioner, marked as Ex.P10 and Ex.P11 respectively.

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Key takeaways

Paper publication was made in the matter and no objections were received.ratio¶20
The assertions in the petition were duly proved by oral evidence supported by documents; the petitioner is entitled to the relief sought.ratio¶22
The Original Petition is allowed and a Succession Certificate is granted in favour of the first petitioner, with power to collect the securities and receive the interest and dividends mentioned in the schedule to the petition.ratio

Detailed headnote1 paragraphs

Succession Certificate — Indian Succession Act 1925, S.372 read with Order XXV Rule 6 of Original Side Rules — Petition by the son, wife and daughter of Late.Mr.K.R.Suresh Babu Rao, who died intestate on 16.08.2012 — Legal heirship certificate (Ex.P3) proves the petitioners are the only surviving legal heirs — Second and third petitioners filed consent affidavits (Ex.P10, Ex.P11) in favour of the first petitioner — Paper publication elicited no objections — First petitioner examined as PW1; assertions proved by oral and documentary evidence — Original Petition allowed; Succession Certificate granted to the first petitioner with power to collect the securities and receive interest and dividends on the shares in the schedule.

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O.P.No.673 of 2024

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IN THE HIGH COURT OF JUDICATURE AT MADRAS

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DATED: 17.03.2025

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CORAM

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THE HONOURABLE MR.JUSTICE K.KUMARESH BABU

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O.P.No.673 of 2024

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1.Mr.K.S.Raghu vasanth rao

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2.Tmt.K.S.Jayalakshmi Bai

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3.Miss.K.S.Uma Rani Bai …Petitioners

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PRAYER : Original Petition filed for Grant of Succession Certificate filed under Section 372 of Indian Succession Act 1925 read with Order XXV Rule 6 of Original Side Rules, prays that this Hon'ble Court may be pleased to grant a succession certificate in favour of first petitioner with power to collect security and to receive the interest and dividends on and negotiate and transfer the securities namely shares specified in the Schedule hereto and further pleased to pass such order or orders as may deem necessary fit and proper and thus render justice.

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For Petitioners : Mr.N.Srinivasa Raghavan

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ORDER

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T he petitioners seek Succession Certificate in respect of the securities

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held by Late.Mr.K.R.Suresh Babu Rao, who died intestate on 16.08.2012.

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The petitioners are the son, wife and daughter of the deceased respectively.

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https://www.mhc.tn.gov.in/judis

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O.P.No.673 of 2024

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The first petitioner has been examined as PW1. He has produced the

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computer generated death certificate of the deceased Late.Mr.K.R.Suresh Babu Rao as Ex.P1. The legal heirship certificate of the deceased as Ex.P3. A perusal of Ex.P3 shows that the petitioners are the only surviving legal heirs of the deceased Late.Mr.K.R.Suresh Babu Rao. The second and the third petitioners have submitted their consent affidavits in favour of the first petitioner, which are marked as Ex.P10 and Ex.P11 respectively. A paper publication has been made and no objections have been received.

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The assertions in the petition have been duly proved by adducing oral

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evidence supported by documents. In these circumstances, the petitioner is entitled to the relief.

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In view of the above evidence, the Original Petition is allowed

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granting Succession Certificate in favour of the first petitioner, with the power to collect the securities and receive the interest and dividends mentioned in the schedule to the petition.

17.03.2025

kak Index :Yes/No

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https://www.mhc.tn.gov.in/judis

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O.P.No.673 of 2024

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P.W.1 – Mr.K.S.Raghu Vasanth Rao

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Petitioner's witness:

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Documents exhibited by the petitioners:

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Exhibits	Documents
Ex.P1	Computer generated copy of the death certificate of K.R.Suresh Babu Rao died on 16.08.2012.
Ex.P2	Computer generated copy of the death certificate of K.Raghunatha Rao died on 15.11.1986.
Ex.P3	Computer generated copy of K.Vasantha Bai died on 25.12.2001.
Ex.P4	Photocopy of the legal heir certificate of K.R.Suresh Babu Rao dated 08.01.2013. (Original is produced, compared and returned to thepetitioner's counsel)
Ex.P5	Original letter from share registry addressed to K.S.Jayalakshmi Bai dated 12.08.2023.
Ex.P6	Photocopy of the share certificate dated 25.08.2014. (Original is produced, compared and returned to the petitioner's counsel)
Ex.P7	Photocopy of the Aadhar Card of the 1^stpetitioner. (Original is produced, compared and returned to the petitioner's counsel)
Ex.P8	Photocopy of the Aadhar Card of the 2^ndpetitioner. (Original is produced, compared and returned to the petitioner's counsel)
Ex.P9	Photocopyof the Aadhar Card of the 3^rd petitioner.
Ex.P10	Consent affidavitgiven bythe 2^nd petitioner.
Ex.P11	Consent affidavitgiven bythe 3^rd petitioner.