M.Lalitha And 2 Others v. No Respondent
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 08.04.2025
CORAM
THE HONOURABLE MR.JUSTICE K.KUMARESH BABU 1.M.Lalitha 2.M.Ramya 3.M.Janaranjani
...Petitioners
PRAYER: Original Petition filed under Section 372 of the Indian Succession Act 1925 and read with Order XXV Rule 6 of the Original Side Rules 1956 High Court, Madras, prays that this Succession Certificate may be granted to the petitioner with power to collect the debts and receive the interest and dividends and negotiate and transfer the securities specified in the schedule hereto.
For Petitioners : Mr.M.Vijayakumar
ORDER
The petitioners seek Succession Certificate in respect of the securities held by Late.N.Balaji, who died intestate on 23.07.2019. The petitioners are the sister-in-law and nieces to the testator through his deceased brother Late.N.Muthukrishnan. The petitioners state that the deceased testator Late.Mr.N.Balaji and his brother Late.Mr.N.Muthukrishnan both died in a 1/6
road accident on 23.07.2019. They further submit that the deceased Late.Mr.N.Balaji had obtained a Motor Insurance Policy No. MOP5589276006100 and had insured his vehicle. The deceased has named his brother Late.Mr.N.Muthukrishnan as the nominee of the policy, but the above said nominee died in the same accident. The petitioners submit that the deceased Late.Mr.N.Balaji was married to one Ms.S.R.Ramani @ Ramathilagam and the marriage was dissolved under F.C.O.P.No.158/2015 vide order dated 13.10.2017, the couple did not have any issues in duration of marriage.
2. The first petitioner has been examined as PW1. She has produced the computer generated death certificates of the deceased Late.Mr.N.Balaji and his brother Late.Mr.N.Muthukrishnan as Ex.P6 and Ex.P3. The photocopy of the Insurance Certificate cum Policy has been marked as Ex.P1. The legal heirship certificate of the Late.Mr.N.Muthukrishnan the brother of the deceased has been marked as Ex.P4. The photocopy of the judgement dated 13.10.2017 in F.C.O.P.No.158/2015 passed by the Family Court of Vellore has been marked as Ex.P14. From Ex.P1 it can be deduced that the deceased Late.Mr.N.Balaji had named his brother Late.Mr.N.Muthukrishnan as the 2/6
nominee to his insurance policy, Motor Insurance Policy No.MOP5589276006100. On perusal of Ex.P4 its clear that the petitioners are the only surviving legal heirs of Late.Mr.N.Muthukrishnan the nominee. A paper publication has been made which is marked as Ex.P15 and no objections have been received for the same.
3. The assertions in the petition have been duly proved by adducing oral evidence supported by documents. In these circumstances, the petitioners are entitled to the relief.
4. In view of the above evidence, the Original Petition is allowed granting Succession Certificate in favour of the petitioners, with the power to collect the debts and receive the interest and dividends and negotiate and transfer the securities mentioned in the schedule to the petition. Index :Yes/No Petitioner's witness:
P.W.1 - Mrs.M.Lalitha 3/6
Documents exhibited by the petitioners:
Exhibits Documents Ex.P1 Photocopy of the Royal Sundaram General Insurance Ltd certificate cum policy schedule dated 10.05.2019 stands in the name of Mr.N.Balaji. (Compared with the original) Ex.P2 Photocopy of the driving licence of Mr.N.Muthukrishnan. (Compared with the original) Ex.P3 Computer generated death certificate of Mr.N.Muthukrishnan.
Ex.P4 Computer generated legal heirship certificate of Mr.N.Muthukrishnan.
Ex.P5 Photocopy of the Aadhar card of Mr.N.Muthukrishnan. (Compared with the original) Ex.P6 Computer generated death certificate of Mr.N.Balaji. Ex.P7 Certified copy of the FIR bearing No.96/2019 dated 24.07.2019 registered as Nagari Urban Police Station, Chittoor District, Andhra Pradesh.
Ex.P8 Certified copy of the post mortem report of Mr.N.Muthukrishnan.
Ex.P9 Photocopy of the letter dated 08.09.2020 addressed to me by Royal Sundaram General Insurance Co Ltd., (Compared with the original) Ex.P10 Photocopy of the Aadhar card of Mr.N.Balaji. (Compared with the original) Ex.P11 Photocopy of my Aadhar Card (Compared with the original) Ex.P12 Photocopy of the Aadhar card of the 2nd petitioner (Compared with the original) Ex.P13 Photocopy of the Aadhar card of the 3rd petitioner (Compared with the original) Ex.P14 Photocopy of the decree dated 13.10.2017 in F.C.O.P.No.158/2015 passed by the Family Court, 4/6
Vellore.(Compared with the original) Ex.P15 Photocopy of the paper publication effected in one issue of Tamil Daily "Makkal Kural" dated 03.09.2024.
Ex.P16 Certificate under 63 of BSA.
Ex.P17 Certified copy of the evidence of Mrs.S.R.Ramani @ Ramathilagam deposed in FCOP.No.158/2015 before the Family Court, Vellore.
Ex.P18 Certified copy of the evidence of Mr.N.Balaji deposed in FCOP No.158/2015 before the Family Court, Vellore. Ex.P19 Certified copy of the judgment dated 13.10.2017 in FCOP No.158/2015 passed by the Family Court, Vellore. 5/6
K.KUMARESH BABU, J.
6/6