Madras High CourtOP/200/2024allowed

Mrs.Yesodha S v. No Respondent

2024-12-21Honourable Dr Justice G. Jayachandran5 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

Reserved on : 19.12.2024 Pronounced on: 21 .12.2024

CORAM

THE HONOURABLE DR.JUSTICE G.JAYACHANDRAN Original Petition No.200 of 2024 Mrs.Yesodha.

... Petitioner PRAYER: Original Petition has been filed under Section 372 of the Indian Succession Act, 1925 read with order XXV Rule 6 of Original Side Rules, prays that a succession certificate may be granted to the petitioner and power to collect the securities and to receive the interest and dividends and negotiate and transfer the securities specified in the schedule hereto. For Petitioner : Mr.P.Athiveerarama Pandian.

O R D E R

This petition has been filed under Section 372 of Indian Succession Act, 1925 and read with Order XXV Rules 6 of Original Side Rules in the matter of securities of Late.Mr.S.Jayarajan. 1/5

The petitioner, Mrs.Yesodha, is the daughter of Late.S.Jayarajan. During his life time, S.Jayarajan had purchased shares in the Tamil Nadu Mercantile Bank and same stood in his name till his death on 14/04/2006. The said S.Jayarajan, died intestate, leaving behind him wife and a daughter as his legal heirs. His wife, Sagunthala died on 26/07/2006. Thus, the petitioner, S.Yesodha is the sole surviving legal heir of the Late.Jayarajan.

3. The petitioner has filed a petition to issue a succession certificate to get the shares transferred in the name of the late S. Jayarajan.

4. The petitioner has filed a proof affidavit and marked 6 documents (Ex.P.1 to Ex.P.6). The following documents are marked on behalf of the petitioner.

Exhibits Documents Ex.P.1 Photocopy of the death certificate of Mr.S.Jayarajan Ex.P.2 Photocopy of the death certificate of Mrs.J.Sagunthala Ex.P.3 Photocopy of my Aadhaar Card Ex.P.4 Photocopy of the share certificate in Tamilnad Mercantile Bank Ltd standing in the name of Mr.S.Jayarajan Ex.P.5 Photocopy of the share certificate in Tamilnad Mercantile Bank Ltd standing in the name of Mr.S.Jayarajan Ex.P.6 Copy of the paper publication effected in one issue of Tamil Daily "Makkal Kural" dated 30.06.2024 2/5

5. The death certificate of Jayarajan is marked as Ex.P-1. The death certificate of Sagunthala is marked as Ex.P-2. The Aadhar Card of the petitioner is marked as Ex.P-3. In the Aadhar card, the father name of the petitioner is mentioned as Jayarajan. Ex.P-4 and Ex.P-5 are the share certificates in the name of Jayarajan. The paper publication effected has not evoked any objections.

6. In view of the relationship between the deceased and the petitioner, the petition to grant succession certificate in respect of securities in the name of S.Jayarajan, morefully described in the schedule of the property is allowed

7. In the light of the above fact, the succession certificate is granted in favour of the petitioner being the legal heirs of Mr.S.Jayarajan, who died intestate, leaving behind the securities morefully mentioned in the schedule to the petition.

8. Accordingly, this Original Petition stands Allowed. The 3/5

Succession Certificate is issued in favour of the petitioner to enable him to collect the securities and to receive the interest, dividends on and negotiate and transfer the securities specified in the schedule hereto. The petitioner is directed to render account once in a year.

21.12.2024 Index :Yes/No.

Internet :Yes/No.

bsm Petitioner's witness:

P.W.1 - Mrs.S.Yesodha Documents marked:

Dr.G.JAYACHANDRAN,J.

bsm Original Petition No.200 of 2024 21.12.2024 5/5