2019 (3) TMI 2003 - HC - Indian Laws

Seeking grant of Succession Certificate to the 1st petitioner with power to collect the Securities and to receive interest and dividends on and negotiate and transfer the securities - HELD THAT - The first petitioner has been examined herself as P.W.1, he has produced the death certificate of the deceased R. Kapanipathi Rao as Ex.P1 and the legal heirship certificate as Ex.P2. A perusal of the legal heirship certificate shows that the petitioners are the legal heirs of the deceased R. Kapanipathi Rao. The original petition is allowed granting succession certificate in respect of the securities mentioned in the schedule to the petition in favour of the petitioners.

Summary

Issues:
- Petition for grant of Succession Certificate for securities left by deceased
- Examination of evidence including death certificate and legal heirship certificate
- Granting of succession certificate in favor of petitioners

Analysis:
The case involved a petition seeking a Succession Certificate for the securities left by a deceased individual, R. Kapanipathi Rao, who passed away on 02.06.2014. The first petitioner, who is one of the legal heirs of the deceased, provided evidence by examining herself as P.W.1 and submitting the death certificate of the deceased as Ex.P1, along with the legal heirship certificate as Ex.P2. The legal heirship certificate confirmed the petitioners' status as the legal heirs of the deceased, establishing their entitlement to the securities in question.

Upon reviewing the evidence presented, the court granted the original petition, thereby allowing the issuance of a succession certificate in favor of the petitioners. This succession certificate pertained to the specific securities outlined in the schedule attached to the petition. The court's decision was based on the verified legal heirship of the petitioners and their entitlement to the securities left behind by the deceased individual. The order effectively authorized the petitioners to handle the specified securities, including the collection of interest and dividends, negotiation, and transfer of the securities as detailed in the schedule provided in the petition.