Somasunder Sadasivam And 2 Others v. Gunashekar S

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 08.07.2025

CORAM

THE HONOURABLE MR.JUSTICE K.KUMARESH BABU 1.Mr.Somasunder Sadasivam 2.Mr.S.Mohan 3.Mr.S.Shivaram

...Petitioners

vs.

Mr.Gunashekar S

...Respondent

PRAYER: Original Petition filed under Section 372 of the Indian Succession Act, 1925 read with Order XXV Rule 6 of the Madras High Court O.S.Rules, prays that a Succession Certificate may be granted to the petitioners with power to collect the debts and to receive the interest and dividends on and negotiate and transfer the securities specified in the schedule hereto. For Petitioners : Mr.K.Vasuvenkat For Respondent : No appearance

ORDER

The petitioners seek Succession Certificate in respect of the debts and securities held by Late Mr.M.Sadasivam, who died intestate on 17.07.2022. The petitioners and the sole respondent to this petition are the legal heirs of the deceased. The petitioners submit that as the only legal heirs of the 1/5

deceased they are entitled to 1/4th share each from the debts and securities mentioned in the schedule of the petition.

2. The second petitioner has been examined as PW1, he has produced 4 documents to support his deposition which are listed as Ex.P1 to Ex.P4 at the foot of the order. The online copy of the death certificate of Sadasivam has been marked as Ex.P2. The online copy of the legal heirship certificate of the deceased has been marked as Ex.P3 and on perusal of the same clearly proves that the petitioners and the respondent are the only legal heirs of the deceased. The general paper publications had been effected and the no objections were 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.

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4. The consent affidavit dated 27.11.2024 of the sole respondent expressing his consent to grant the Succession Certificate was filed. The respondent in his consent affidavit had clearly asserted that as the sons of the deceased both himself and the petitioners are entitled to 1/4th share each from the debts and securities held by the deceased which is morefully described in the schedule of the petition.

5. In view of the above evidence, the Original Petition is allowed granting Succession Certificate in favour of the petitioners and the sole respondent with the power to collect 1/4th share each, in the debts and securities and to receive the interest and dividends on and negotiate and transfer the securities mentioned in the schedule to the petition. Index :Yes/No Petitioner's witness:

P.W.1 - Mr.S.Mohan Documents exhibited by the petitioners:

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Exhibits Documents Ex.P1 Photocopy of Aadhar card of M.Sadasivam.

Ex.P2 Online copy of Death Certificate of Sadasivam dated 30.07.2022.

Ex.P3 Online copy of Legal heir certificate of M.Sadasivam dated 25.08.2022.

Ex.P4 Original Share holding information in Argus Cosmetics Limited of Late.M.Sadasivam dated 24.11.2003. 4/5

K.KUMARESH BABU, J.

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