S.Swaminathan And 7 Others v. No Respondent
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 25.06.2025
CORAM
THE HONOURABLE MR.JUSTICE K.KUMARESH BABU 1.Mr.S.Swaminathan 2.Mr.S.Krishnamurthy 3.Mrs.Lalitha Ranganathan 4.Mr.S.Srinivasan 5.Mrs.Jayanthi 6.Mrs.Kasthuri 7.Mrs.Malathi 8.Mrs.Vasanthi
...Petitioners
PRAYER: Original Petition filed under Section 372 of the Indian Succession Act 1925 and Order XXV Rule 6 of Original Side Rules, prays that this Hon'ble Court to grant a succession certificate may be granted in favour of the fourth petitioner herein viz., S.Srinivasan, with the power to collect the debts and to receive the accrued interest on the Saving Bank Account which is specified in the schedule.
For Petitioners : Mr.M.Maruthupandian
ORDER
The petitioners seek Succession Certificate in favour of the 4th petitioner in respect of the securities held by Late Mr.S.Balasubramanian, who died intestate on 28.10.2023.
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2. The petitioners submit that their father Late.Mr.R.Subramanian @ R.S.Mani got married to one Mrs.Ananthalakshmi and had begotten the deceased, the petitioners 1 to 5 and one Late.Mr.S.Venkataraman as their children. The petitioners 1 to 5 are the siblings of the deceased and the petitioners 6 to 8 are legal heirs of the Late.Mr.S.Venkataraman, who is the brother of the deceased. The petitioner submits that the deceased died unmarried without any immediate legal heirs.
3. The fourth petitioner has been examined as PW1 and he had produced 8 documents to support his deposition which are listed as Ex.P1 to Ex.P8 at the foot of the order. The photocopy of the death certificate of the deceased is marked as Ex.P6. The legal heirship certificate of Late Mr.R.Subramani @ Mr.R.S.Mani who is the father of the deceased has been marked as Ex.P3. The photocopies of the death certificate of the father and mother of the deceased has been marked as Ex.P1 and Ex.P2 respectively. A perusal of Ex.P3 clearly substantiates that the petitioners 1 to 5 are the siblings of the deceased. A paper publication has been effected and no objections have been received.
4. The assertions in the petition have been duly proved by adducing oral 2/5
evidence supported by documents. In these circumstances, the 4th petitioner is entitled to the relief.
5. In view of the above evidence, the Original Petition is allowed granting Succession Certificate in favour of the 4th petitioner, with the power to collect the debts and securities and to receive the accrued interest and dividends mentioned in the schedule to the petition. Index :Yes/No Petitioner's witness:
P.W.1 - Mr.S.Srinivasan Documents exhibited by the petitioners:
Exhibits Documents Ex.P1 Photocopy of the Death Certificate of R.Subramani @ R.S.Mani dated 15.07.1999.
Ex.P2 Photocopy of the Death certificate of S.Ananthalakshmi dated 09.03.2018.
Ex.P3 Photocopy of the Legal Heir Certificate of R.Subramani @ R.S.Mani dated 10.11.1999.(Compared with original) Ex.P4 Karur Vysya Bank Saving Bank Pass Book of Balasubramaniam in the year 2015.
Ex.P5 Photocopy of the Care Health Insurance Policy of Balasubramanian dated 24.12.2022.
Ex.P6 Photocopy of the Death Certificate of S.Balasubramanian dated 01.11.2023.
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Ex.P7 Photocopy of the Death certificate of S.Venkatram dated 13.11.2023.
Ex.P8 Series of Photocopies of the Aadhaar card of petitioner's 1 to 8.
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K.KUMARESH BABU, J.
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