← Library
Madras High CourtOP/432/2025allowed

Muralidharan v. No Respondent

2026-01-23Honourable Mr.Justice P. Dhanabal5 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 23.01.2026

CORAM

THE HON'BLE MR.JUSTICE P. DHANABAL Muralidharan ..Petitioner Prayer:

Original Petition filed under Sections 300 and 372 of the Indian Succession Act, 1925 r/w Order XXV, Rule 6 of Madras High Court Original Side Rules to grant Succession Certificate to the petitioner with the power to collect the debts and to receive the interest and dividends on and negotiate and transfer the securities specified in the schedule. For Petitioner:

Mr.K.V.Sajeev Kumar

O R D E R

This petition has been filed by the petitioner praying to grant Succession Certificate under Sections 300 and 372 of the Indian Succession Act, 1925 r/w Order XXV, Rule 6 of Madras High Court Original Side Rules.

2. According to the petitioner, one V.Sundaresan @ Sundareswaran died on 29.03.2011.

• The petitioner is the younger brother of V.Sundaresan @ Sundareswaran .

• The petitioner is the second son of P.Venkataramaiah @ Venkataraman and the deceased V.Sundaresan @ Sundareswaran is the first son of

P.Venkataramaiah @ Venkataraman. The petitioner's father, P.Venkataramaiah @ Venkataraman died on 16.05.2008 and the petitioner's mother, viz., Bagyalakshmi predeceased petitioner's father on 10.06.1995. The petitioner's grand mother, viz., Meenakshi Ammal died on 16.11.2010 and the petitioner's elder brother V.Sundaresan @ Sundareswaran died on 29.03.2011.

Except the above petitioner, there are no other legal heirs to the said deceased V.Sundaresan @ Sundareswaran.

The said deceased V.Sundaresan @ Sundareswaran during his lifetime, lived as a bachelor and deposited a sum of Rs.6,00,000/- [sale proceeds received from his father] in the fixed deposits in Karur Vysya Bank. The face value of the said deposit would come around Rs.8,69,485/-. Since the petitioner is the only legal heir of the assets of the deceased and there is no other next of kin to the deceased and in order to get those deposits, the Succession Certificate is necessary to him. Therefore, the petitioner has filed this petition.

3. After filing of this Original Petition, the petitioner was 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 petitioner, he was examined PW1 and marked Ex.P.1 to Ex.P.13.

4. This Court also perused the entire documents including the evidences. The petitioner namely Mr. Muralidharan has been examined as P.W.1 and 13 documents have been marked. On a careful perusal of the

evidence of PW1 and the documents Ex.P.1 to Ex.P.13, they revealed that the petitioner is the legal heir of the deceased V.Sundaresan @ Sundareswaran to succeed his estates and the said V.Sundaresan @ Sundareswaran died intestate, thereby, the petitioner is entitled to get the deposits and therefore, petitioner is entitled to the Succession Certificate.

5. In view of the same, this Original Petition is allowed. The petitioner is entitled to the value of the petition-mentioned assets and a direction for grant of Succession Certificate in favour of the 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. Index :

Yes/No Speaking Order :

Yes/No ssd APPENDIX:

List of Petitioner side Witnesses:

PW1 :

Mr. Muralidharan List of Petitioner side Documents:

Exhibit No.

Date Description of Documents Ex.P.1.

- Photocopy of the death certificate of Mrs.C.M.Bagyalakshmi Ex.P.2 - Photocopy of the death certificate of Mr.Venkataramiah Ex.P.3 - Photocopy of the legal heirship certificate of Mr.Venkataramiah Ex.P.4.

- Photocopy of the death certificate of Mrs.S.Meenakshi Ex.P.5 - Photocopy of the PAN card of the deceased Mr.V.Sundhareswaran Venkaramayia

Ex.P.6 - Photocopy of the driving license of the deceased Mr.Sundaresan Ex.P.7.

- Photocopy of the death certificate of Mr.V.Sundaresan @ V.Sundhareswaran Ex.P.8.

Photocopy of the relationship certificate of the deceased Mr.V.Sundhareswaran Ex.P.9.

- Photocopy of the letter dated 04.06.2025 issued by Karur Vysya Bank regarding the Savings Bank and fixed deposit account of Mr.V.Sundareswaran Ex.P.10 - Photocopy of the Aadhar card of the petitioner Ex.P.11 - Photocopy of the PAN Card of the petitioner Ex.P.12 - Photocopy of the Driving License of the petitioner Ex.P.13 05.11.2025 Paper Publication effected in one issue of Tamil Daily 'Makkal Kural'

P.DHANABAL, J.

ssd O.P. No.

of 2025