Hema Sampath And 2 Others v. No Respondent

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 20.06.2025

CORAM

THE HONOURABLE MR.JUSTICE C.V.KARTHIKEYAN 1.Hema Sampath 2.Srinath Sampath 3.S.Anand

...Petitioners

PRAYER: Original Petition filed under Section 372 of the Indian Succession Act, 1925 and Order XXV Rule 6 of the Original Side Rules, prays that a Succession Certificate may be granted to 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 hereto. For Petitioners : Mr.T.Sezhian

ORDER

The original petition has been filed under Section 372 of the Indian Succession Act, 1925, seeking issuance of a Succession Certificate to the petitioners relating to the securities in the name of late Shri.K.Sampath, who died intestate on 07.12.2016. He was ordinarily residing at Royapettah, Chennai. The properties, which had been left behind, for which, Succession 1/4

Certificate is required, have been listed in the annexure in the schedule to the petition.

2. A general paper publication had been effected as directed. Thereafter, evidence had been directed to be taken and the first petitioner had examined herself as P.W.1. During the course of her chief examination, the copy of the death certificate of late Shri.K.Sampath had been marked as Ex.P1, the photocopy of the Legal Heirship certificate of late Shri.K.Sampath dated 31.01.2017 had been marked as Ex.P2 and the original statement furnished by AXIS Securities Limited dated 27.12.2024 had been marked as Ex.P3. The paper publication had been marked as Ex.P4.

3. In view of the evidence tendered and the documents filed, the petition is allowed and I hold that the petitioners are entitled for grant of Succession Certificate as prayed for with respect to the properties as listed out in the annexure in the schedule to the petition. Index :Yes/No 2/4

Petitioner's witness:

P.W.1 - Mrs.Hema Sampath Documents exhibited by the petitioner:

Exhibits Documents Ex.P1 Photocopy of the death certificate of Sri.K.Sampath. Ex.P2 Photocopy of the legal heir certificate of Sri.K.Sampath dated 31.01.2017. (Original is produced, compared and returned to the petitioner's counsel) Ex.P3 Original Statement furnished by AXIS Securities Limited dated 27.12.2024.

Ex.P4 One issue of Paper Publication in Tamil Daily "Malai Malar" dated 29.03.2025.

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C.V.KARTHIKEYAN, J.

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