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Madras High CourtOP/292/2025allowed

Thandapani Vaiyapuri Pillai And Another v. No Respondent

2025-10-28Honourable Mr.Justice P. Dhanabal6 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

Dated: 28.10.2025 Coram:

THE HONOURABLE MR.JUSTICE P.DHANABAL --

1. Mr.Thandapani Vaiyapuri Pillai

2. Mrs.Vijaya Dhandapani .. Petitioners Original Petition filed under Section 372 of the Indian Succession Act, read with Order XXV Rule 6 of the Original Side Rules of this Court, praying to grant to the second petitioner with power to collect the debts and to receive the interest and dividends and negotiate and transfer the securities specified in the Schedule. For petitioners : M/s.M.Vidya

ORDER

The petitioners have filed this petition praying to grant Succession 1 / 6

Certificate to the second petitioner, with power to collect the debts and to receive the interest and dividends and negotiate and transfer the securities specified in the Schedule.

2. According to the petitioners, they are the parents of deceased Sankarkumar Thandapani, i.e. the first petitioner is the father and the second petitioner is his mother of the deceased. The deceased died intestate on 13.08.2023 at Delhi in the course of his employment at Wipro Limited - Technologies Group. He left behind the properties specified in the Schedule and part of his properties being Provident Fund (from his former employer), M/s.Zilogic Systems Private Limited, Chennai-600 041. The deceased, during his lifetime from 12.11.2012 to 20.06.2019, was a full-time employee as R & D Engineer Software 3 of M/s.Broadcom 1320 Ridder Park Drive, San Jose, CA 95131 in their office in Broomfield, Colorado, USA and in the course of his employments, the deceased was entitled to Broadcom U.S.401(K) Plan benefits and as on the date of his death, the balance accrued in the account of the 2 / 6

deceased as employee of Broadcom was USD 80,382.75.

3. At the time of the death, the deceased left behind the second petitioner, his mother, as his only next of kin, residing at B11, Ben Foundation, Orchard West End Phase-2, Mogappair East, Chennai-600 037. Since the deceased was unmarried, the second petitioner is entitled to the benefits of the deceased in the schedule. In order to get the benefits, the petitioners have filed this petition for issuance of Succession Certificate.

4. After filing of this petition, paper publication was effected, but no any objectors to this petition. In order to prove their case, the second petitioner was examined as P.W.1 and the first petitioner was examined as P.W.2 and Exs.P-1 to P-23 were marked. They have categorically deposed about the case and also about their entitlement of the death benefits. 3 / 6

5. On a careful perusal of the oral and documentary evidence, it is clear that the petitioners have proved their case. The first petitioner has no objection for grant of Succession Certificate in favour of the second petitioner and hence, the second petitioner is entitled to get Succession Certificate. Therefore, this petition is allowed. The Succession Certificate shall be issued to the second petitioner, with power to collect the debts and to receive the interest and dividends and negotiate and transfer the securities specified in the Schedule. The petitioners are directed to render accounts once in a year. 28.10.2025 cs 4 / 6

P.DHANABAL, J cs 5 / 6

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