B. Manivannan And Another v. No Respondent
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 01.12.2025 CORAM :
THE HONOURABLE MR.JUSTICE P.DHANABAL O.P. No.112 of 2025
1. B.Manivannan
2. Rajeshwari ... Petitioners PRAYER: Original Petition is filed under Section 372 of the Indian Succession Act of 1925 read with Order XXV Rule 6 of the Original Side Rules praying to grant Succession Certificate to the petitioners with power to collect the debts and to receive the interest and dividends on and transfer the securities specified in the schedule hereto. For Petitioners Ms. R.Vinu Priyanga
ORDER
This petition has been filed by the petitioners praying to grant Succession Certificate under Section 372 of the Indian Succession Act read with Order XXV Rule 6 of the Original Side Rules.
2. According to the petitioners, one B.Yuvaraj died on 12.01.2023 unmarried.
• The 1st petitioner is the brother of the said B.Yuvaraj. • The 2nd petitioner is the widow sister of the deceased B.Yuvaraj 1/6
• The parents of the deceased predeceased him.
Except the above petitioners, there are no other legal heirs to the said deceased B.Yuvaraj. The said deceased B.Yuvaraj during his lifetime, had worked as 3rd Grade Revenue Inspector under the control of the Assistant Engineer, Tamilnadu Electricity Board, Anna Salai, Chennai and the petitioners are equally entitled to claim the benefits of the deceased which are pending on his name on the file of the Executive Engineer, Tamilnadu Electricity Board, G.P.Road, Anna Salai, Chennai - 600 002. The value of the said benefits would come around Rs.3,00,000/-. The deceased B.Yuvaraj died intestate. A due and diligent search has been made for a Will, but it was not found. Since the petitioners are the only legal heirs of the assets of the deceased and there is no other next of kin to the deceased and in order to get those benefits, the Succession Certificate is necessary to them. Therefore, they have filed this petition.
3. After filing of this Original Petition, the petitioners were directed to effect paper publication and the same was also effected. No any objection was received from any party. Thereafter, the matter was posted for examination of witnesses and the evidence was recorded. On the side of the petitioners, they examined PW1 and marked Ex.P.1 to Ex.P13.
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4. This Court also perused the entire documents including the evidences. The 1st petitioner namely Mr. B.Manivannan has been examined as PW1 and 13 documents have been marked. On a careful perusal of the evidence of PW1 and the documents Ex.P.1 to Ex.P13, they reveal that the petitioners are the legal heirs of the deceased B.Yuvaraj to succeed his estates and he died intestate, thereby, the petitioners are equally entitled to get the benefits of the deceased and therefore, petitioners are entitled to the Succession Certificate.
5. In view of the same, this Original Petition is allowed. The petitioners are entitled to the value of the petition-mentioned assets and a direction for grant of Succession Certificate in favour of the petitioners with power to collect the securities and to receive the interest and dividends on and negotiate and transfer the securities, specified in the Schedule, as applicable till the date of withdrawal, is issued.
Index Yes/No Speaking Order Yes/No ssd 3/6
APPENDIX:
List of Petitioner side Witnesses:
PW1 Mr. B.Manivannan List of Petitioner side Documents:
Exhibit No.
Date Description of Documents Ex.P.1.
- Photocopy of the voter identity card of Ms.Rajeswari, the 2nd petitioner herein Ex.P.2 - Photocopy of the Aadhar Card of Ms.Rajeswari, the 2nd petitioner herein.
Ex.P.3 - Photocopy of transfer certificate of Ms.B.Rajeswari, the 2nd petitioner herein issued by Corporation Girls Higher Secondary School, Chennai - 600 112 Ex.P.4.
- Photocopy of the employee identity card of Mr.B.Yuvaraj issued by TANGEDCO, Chennai Ex.P.5 - Photocopy of 1st petitioner's voter identity card Ex.P.6 - Computer generated Death certificate of Mr.Yuvaraj Ex.P.7.
- Computer generated birth certificate of Ms.Rajeswari Ex.P.8.
- Computer generated legal heirship certificate of Mr.B.Yuvaraj Ex.P.9.
12.09.202 Original letter issued by Executive Engineer, TANGEDCO, Chennai - 600 034 addressed to the 1st petitioner asking for succession certificate from competent court of law.
Ex.P.10 - Photocopy of 1st petitioner Aadhaar card Ex.P.11 - Photocopy of 1st petitioner's PAN card Ex.P.12 09.08.202 Paper publication effected in one issue of Tamil daily 'Dinakural'
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Ex.P.13 - Affidavit filed by the 1st petitioner under section 63 of BSA P.DHANABAL, J., 5/6
ssd O.P. No.112 of 2025 6/6