Parimala S.Rao Vs Vibha Srinivasan and 6 others

PRAYER : Original Petition filed under Section 372 of Indian Succession Act, 1925 under Order XXV Rule 6 of Original Side Rules, praying to grant succession certificate to the petitioner, with power to collect the debts, shares and to receive the interest and dividends on and negotiate and transfer the securities specified in the schedule hereto.

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For Petitioner : Mr.T.K.Ramkumar

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For Respondents : Mr.Alwin.P

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ORDER

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The petitioner seeks Succession Certificate in favour of the petitioner

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in respect of the debts held by late.S.Raghavendra Rao, who died intestate on

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O.P.No.745 of 2024

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04.10.1999 as bachelor. The petitioner and the respondents are the nieces and nephews of the deceased through his predeceased sisters. The deceased bachelor brother died on 28.08.2008.

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The petitioner has examined herself as PW1. She has produced the death certificate of the deceased as Ex.P1. The legal heir certificate of the deceased as Ex.P2. A perusal of Ex.P2, shows that the deceased died leaving behind his brother and three sisters who are the mother of the petitioner and the respondents. The death certificate of the bachelor brother and three sisters of the deceased as Ex.P3, Ex.P4, Ex.P7 and Ex.P8. The legal heirship certificates of Vatsala S Rao, the sister of the deceased as Ex.P9. A perusal of Ex.P9, shows that the sister of the deceased died leaving behind her daughter, the petitioner herein as her only surviving legal heir. The photocopy of the Will of Hemalatha Sharma, sister of the deceased as Ex.P5 shows that the Hemalatha had two children, who are the respondents 1 and 2 herein. The original death intimation of Sudha Murthy’s husband, sister of the deceased as Ex.P6 shows that the husband of the sister Sudha died leaving behind his wife and five children who are the respondents 3 to 7 herein. From the above observation, it can be inferred that the petitioner and the respondents are the surviving legal heirs of the deceased. A paper publication

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was made and marked as Ex.P17. No objection has been received from any

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person.

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The learned counsel for the respondents stated that the respondents

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have no objection to grant Succession Certificate in favour of the petitioner.

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The assertions in the petition have been duly proved by adducing oral evidence supported by documents. The respondents also expressed no objection to grant Succession Certificate in favour of the petitioner. 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 granting Succession Certificate in favour of the petitioner, with the power to collect the debts, shares and to receive the interests and dividends and negotiate and transfer the securities mentioned in the schedule to the petition. The registry is directed to return the Ex.P6, the Original death intimation to the petitioner on production of the certified copy of the same.

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msv Index :Yes/No

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Petitioner's witness:

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P.W.1 – Mrs.Parimala S.Rao

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Documents exhibited by the petitioner:

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Exhibits	Documents
Ex.P1	Photocopy of the Death certificate of the Late S.Raghavendra Rao who died on 04.10.1999
Ex.P2	Photocopy of the legal heirship certificate of the late S.Raghavendra Rao issued on 27.04.2005. (Original is produced, compared and returned to the petitioner's counsel)
Ex.P3	Photocopy of the death certificate of S.Sridhar Rao with English Translation dated 28.08.2008.
Ex.P4	Photocopy of the death certificate of Hemalathabai Krishnamurti Sharma who died on 29.07.2005. (Original is produced, compared and returned to the petitioner's counsel)
Ex.P5	Photocopy of the Will of Smt. Hemalatha Sharma dated 05.07.2002.
Ex.P6	Original death intimation of Lt.Col.C.R.S.Murthy with details of heirs dated 18.04.2007.
Ex.P7	Photocopy of the death certificate of Sudha Murthy who died on 20.11.2012. (Original is produced, compared and returned to thepetitioner's counsel)
Ex.P8	Computer generated copy of the death certificate of Vatsala S Rao who died on 16.12.2019.
Ex.P9	Computer generated copy of the legal heir certificate of Vatsala S Rao who died on 11.11.2020.
Ex.P10	Photocopy of the passbook of Mr.S.Raghavendra Rao in State Bank of India, Nungambakkam Branch, Chennai and Indian Overseas Bank, Aminjikarai, Chennai.(Original is produced, compared and returned to the petitioner's counsel)

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Ex.P11 (Series) (66 Nos)	Photocopy of the share certificates of Brooke Bond India Ltd, later Hindustan Lever Ltd, now Hindustan Unilever Ltd., Mumbai (Originals are produced, compared and returned to thepetitioner's counsel)
Ex.P12	Photocopy of the letter from Brooke Bond (I) Limited to late S.Raghavendra Rao on Bonus Shares dated 05.09.1991.
Ex.P13	Photocopy of the letter from Hindustan Lever Ltd., Mumbai to petitioner regarding Amalgamation of Brook Bond India Limited dated 31.03.1997. (Original is produced, compared and returned to the petitioner's counsel)
Ex.P14	Photocopy of the letter from Hindustan Lever Ltd., Mumbai to the petitioner dated 18.06.2001.(Original is produced, compared and returned to the petitioner's counsel)
Ex.P15	Photocopy of the letter from M/s.Kothari Sugars and Chemicals to Late S.Raghavendra Rao dated 15.02.1990.(Original is produced, compared and returned to thepetitioner's counsel)
Ex.P16	Photocopy of the unit certificate for 6,840 units issued by Unit Trust of India to S.Raghavendra Rao dated 21.07.1988.(Original is produced, compared and returned to thepetitioner's counsel)
Ex.P17	One issue of paper publication made in a Tamil Daily "Tamil Murasu" dated 05.04.2025.
Ex.P18	Photocopy of the Memorandum of Understanding Record of Oral Family Arrangement between the petitioner and the respondents dated 06.05.2024.(Original is produced, compared and returned to thepetitioner's counsel)