O.P.No.741 of 2022

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 28.03.2023

CORAM

THE HONOURABLE MR.JUSTICE K.KUMARESH BABU

O.P.No.741 of 2022

Aparna Venkatesan

Represented by her Power Agent

Neelima Karthik

… Petitioner

PRAYER: Original Petition filed for Succession Certificate under Section

372 of Indian Succession Act, 1925 under Order XXV Rule 6 of Original

Side Rules, prays that a Succession Certificate may be granted in favour of

the first Petitioner with powers to collect and encash the securities and debts

and to receive the interest and dividends thereon and negotiate as specified

in the schedule annexed hereto.

For Petitioner : Mr.Vasanth Kumar

ORDER

The petitioner seek Succession Certificate in respect of the securities

and debts held by S.V.Venkatesan, who died intestate on 24.03.2020. The

petitioner is the only daughter of the deceased S.V.Venkatesan.

2. The Power Agent of the petitioner has been examined as P.W.1., as

the petitioner is residing in USA. She has produced the death certificate of

the deceased S.V.Venkatesan and Malathi Venkatesan, as Exs.P2 and P1,

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O.P.No.741 of 2022

the legal heir certificate of the deceased S.V.Venkatesan and Malathi

Venkatesan as Exs.P4 and P3. A perusal of Exs.P3 and P4 shows that the

petitioner is the only surviving legal heirs of the deceased S.V.Venkatesan,

as the mother of the petitioner (Malathi Venkatesan) has pre deceased her

father (late S.V.Venkatesan). A paper publication has been made and no

objections have been received.

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

granting Succession Certificate in favour of the petitioner as she is the only

surving Class-I legal heir, in respect of the securities and debts mentioned in

the schedule to the petition.

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Index :Yes/No

Speaking order: Yes/ No

Neutral citations: Yes/ No

Petitioner's witness:

P.W.1 – Mrs.Neelima Karthik

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O.P.No.741 of 2022

Documents exhibited by the petitioners:

Exhibits

Documents

Ex.P1

Computer generated death certificate of Mrs.Malathi Venkatesan

Ex.P2

Computer generated death certificate of Mr.S.V.Venkatesan

Ex.P3

Computer generated legal heir certificate of Mrs.Malathi

Venkatesan

Ex.P4

Computer generated legal heir certificate of Mr.S.V.Venkatesan

Ex.P5

Photocopy of Election ID Card

Ex.P6

Photocopy of the petitioner's Aadhar Card

Ex.P7

Photocopy of the specific power of attorney dated 29.03.2022

executed by the petitioner in petitioner's favour to conduct the

Court proceedings

Ex.P8

Certified copy of the HDFC bank statement bearing account

No.00801000003852 in respect of Mr.S.V.Venkatesan

Ex.P9

Certified copy of the HDFC bank statement bearing account

No.19391930001421 in respect of MR.S.V.Venkatesan

Ex.P10

Photocopy of the accounts statement issued by IDFC Mutual

Fund bearing Folio No.2768887/31 in respect of

Mr.S.V.Venkatesan

Ex.P11

Photocopy of the accounts statement of Aditya Brila Capital

Mutual Fund bearing registered Folio No.1037748111 in respect

of Mr.S.V.Venkatesan

Ex.P12

Photocopy of the portfolio holdings summary of Aditya Brila

Sun Life AMC Limited bearing Folio No.DFB9123 in respect of

Mr.S.V.Venkatesan

Ex.P13

Photocopy of portfolio appraisal of Edelweiss asset management

limited bearing Folio No.LOFS112 in respect of

Mr.S.V.Venkatesan

Ex.P14

Copy of paper publication effected in one issue of Tamil daily

“Makkal Kural” dated 10.02.2023

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O.P.No.741 of 2022

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K.KUMARESH BABU,J.

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O.P.No.741 of 2022

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