R.Raghunthan And Others vs Nil

Senthilkumar Ramamoorthy, J

The petitioners seek the grant of a succession certificate in respect of the securities listed in the schedule to this petition.

The petitioners assert that the first petitioner is the son of the late Mr.K.V.Raghavan and the second to fourth petitioners are the children of the pre-deceased daughters of the late Mr.K.V.Raghavan. The petitioners state that Mr.K.V.Raghavan died intestate on 29.03.2006. His wife, R.Maithili, died on 07.10.2009. According to the petitioners, Mr.K.V.Raghavan had two sons and two daughters. The first son, R.Raghunathan, is the first petitioner. The second son, R.Narasimhan, died intestate as a bachelor on 11.01.2017. The first daughter, Mrs.Shantha Chakravarthy, died intestate on 26.05.2021 and her son and daughter are the second and third petitioners herein. The second daughter, Mrs.V.Malathy, died intestate on 23.09.2018 and her only daughter, Mrs.Anuradha Ramaswami, is the fourth petitioner. The petitioners assert that the husbands of Mrs.Shanta Chakravarthy and Mrs.V.Malathy pre-deceased them.

The first petitioner has affirmed an affidavit on 28.01.2023. In the said affidavit, it is stated that the late Mr.K.V.Raghavan, the father of the first petitioner, ordinarily resided at Kodambakkam, Chennai, which is within the jurisdiction of this Court.

In order to establish entitlement to the relief claimed, the petitioners adduced evidence by examining the first petitioner as P.W.1. In course of the examination in chief of P.W.1, the 9 documents listed at the foot of this order were exhibited as Exs.P1 to P9. The death certificate of Mr.K.V.Raghavachari / K.V.Raghavan discloses that he died on 29.03.2006. The legal heirship certificate (Ex.P2) discloses the names of Tmt.R.Maithili, Thiru.R.Raghunathan, Thiru.R.Narasimhan, Tmt.C.Shantha and Tmt.V.Malathi as the legal heirs of the late K.V.Raghavan. The legal heirs of the pre-deceased daughters, Tmt.C.Shantha and Tmt.V.Malathi, have been arrayed as petitioners 2 to 4. The petitioner has explained that Thiru.R.Narasimhan died intestate and unmarried. The death certificates of Tmt.R.Maithili, Thiru.Narasimhan, Mrs.V.Malathi and Mrs.Shantha O.P.No.278 of 2022 Chakravarthy are on record as Exs.P3 to P6. As evidence of title of the deceased over the securities described in the schedule to the petitioner, Exs.P7 and P8 have been placed on record. Paper publication was effected (Ex.P9). In paragraph 9 of the petition, the second to fourth petitioners have stated categorically that they consent to the issuance of a succession certificate in the name of the first petitioner.

Based on the assertions in the petition and the evidence recorded in support thereof, the petitioners are entitled to the relief claimed.

Accordingly, O.P.No.278 of 2022 is allowed by granting a succession certificate to the first petitioner in respect of the securities specified in the schedule to the petition. Consequently, the first petitioner shall be entitled to collect the securities, receive interest and dividends thereon, and negotiate and transfer the same.