T.Prabhakaran And 7 Others v. No Respondent

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 15.10.2025 CORAM :

THE HONOURABLE MR.JUSTICE P.DHANABAL

1. T. Prabhakaran S/o. Late Thiruna Sambandam

2. M. Vijayalakshmi W/o. Manogaran

3. K. Mythili W/o. Kumar

4. G. Kalaiarasi W/o. Gopi

5. T. Raju S/o. Late Thiruna Sambandam

6. P. Gayathri W/o. Late Pushparaj

7. P. Lakshmi D/o. Late Pushparaj

8. R. Natarajan C/o. Rangaraj ... 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 1st petitioner with power to collect the debts and to receive the interest and terminal and statutory benefits if any specified in the Schedule.

For Petitioners :

Mr. S. Raja Ravi Varma

ORDER

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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 Usharani died on 02.09.2017 and she was residing in Thoothukudi District and was working as a Teacher in Governent High School, Nagapattinam District and she died leaving the terminal benefits. The deceased was unmarried. The parents of the deceased were predeceased her. The 8th petitioner is the brother of the deceased. Her another brother R. Pushparaj died on 14.05.2015 leaving his wife Gayathri and daughter Lakshmi as his legal heirs, the petitioners 6 and 7. The son of said R. Pushparaj was also died on 18.11.2007. The deceased Usharani had 3 sisters namely Bavanabai, Vimala and Girija. The said Bavanabai died on 03.06.2021 leaving her husband, son and daughter, the petitioners 1 to 5 herein. The deceased Usharani had nominated one of her sisters as nominee to receive her terminal benefits and the nominee also died. Therefore, the Page No.2 of 9

petitioners 1 to 7, being Class-III legal heir and the 8th petitioner, being Class-II legal heir, have filed this petition and claim to be entitled for the shares in the estate of the deceased. The value of terminal benefits would come around Rs.9,17,858/-. 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 shares, the Succession Certificate is necessary to them. The petitioners 2 to 8 have no objection for the grant of succession certificate in the name of the 1st petitioner. 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.P25.

4. This Court also perused the entire documents including the evidences. On a careful perusal of the evidence of PW1 and the documents Page No.3 of 9

Ex.P.1 to Ex.P25, they reveal that the petitioners are the legal heirs of the deceased Ms. R. Usharani to succeed her estates and she died intestate, thereby, the petitioners are entitled to get the share certificates. The petitioners 2 to 8 have given their consent to grant succession certificate in favour of the 1st petitioner and therefore, 1st petitioner is entitled to the Succession Certificate.

5. In view of the same, this Original Petition is allowed. The 1st petitioner is entitled to the value of the petition-mentioned assets and a direction for grant of Succession Certificate in favour of the 1st petitioner with power to collect the securities and to receive the interest and dividends on and negotiate and for terminal benefits, if any, specified in the Schedule, as applicable till the date of withdrawal, is issued.. 15.10.2025 Index :

Yes/No Speaking Order :

Yes/No mjs Page No.4 of 9

APPENDIX:

List of Petitioner side Witnesses:

PW1 :

Mr. Prabhakaran List of Petitioner side Documents:

Exhibit No.

Date Description of Documents Ex.P.1.

- Photocopy of the Death Certiftcate of Ms. Usharani Ex.P.2 - Downloaded account statement regarding the Death benefits of R. Usharani for the year 2023-2024.

Ex.P.3 - Downloaded copy of Death Certificate of Ms. Mala.R.

Ex.P.4.

- Downloaded copy of Legal Heirship Certificate of Ms. Mala. R.

Ex.P.5 - Photocopy of the Death Certificate of Thulasi Bai Ammal.

Ex.P.6 - Downloaded copy of the Death Certificate of Vimala.

Ex.P.7.

- Downloaded copy of Death Certificate of Girija Bai.

Ex.P.8.

- Photocopy of Death Certificate of Mr. R.

Pushparaj.

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Ex.P.9.

- Photocopy of Legal Heirship Certificate of Mr. R. Pushparaj.

Ex.P.10 - Photocopy of the Aadhar Card of Prabhakaran.

Ex.P.11 - Photocopy of the Aadhar card of Mr. M.

Vijayalakshmi.

Ex.P.12 - Photocopy of the Aadhar card of Mythili.

Ex.P.13 - Photocopy of the Aadhar Card of Kalaiarasi.G.

Ex.P.14 - Photocopy of the Aadhar Card of Raju Thirugnana Sambandam.

Ex.P.15 - Photocopy of the Aadhar Card of Gayathri Pushparaj.

Ex.P.16 - Photocopy of the Aadhar Card of Lakshmi Pushparaj Ex.P.17 - Photocopy of the Aadhar card of Natarajan.

Ex.P.18 - Computer generated Death Certificate of T. Bavanabai.

Ex.P.19 - Computer generated Legal Heirship Certificate of T. Bavanabai.

Ex.P.20 - Photocopy of the Death Certificate of Raju.

Ex.P.21 - Computer generated Death Certificate of K. Thirugnana Sambandam.

Ex.P.22 - Downloaded copy of intimation letter of allotment of CPS No.7130882 standing in the name of R. Usharani.

Ex.P.23 - Photocopy of the Office Identity Card of Page No.6 of 9

R. Usharani.

Ex.P.24 - Certificate under Section 63(4) of B.S.A.

Ex.P.25 13.08.2025. Copy of the paper publications effected in one issue of Tamil daily "Makkal Kural".

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P.DHANABAL.,J mjs Page No.8 of 9

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