Prem Radhika Kaleeswaran And 2 Others v. No Respondent
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 05.06.2025
CORAM
THE HONOURABLE MR.JUSTICE K.KUMARESH BABU 1.Prem Radhika Kaleeswaran 2.A.R.Adhilakshmi 3.Prem Atchaya
...Petitioners
PRAYER: Original Petition filed under Part X and Section 372 of the Indian Succession Act, 1925 read with Order XXV Rule 6 of the Original Side Rules, prays that a Succession Certificate may be granted to the petitioners with the power to collect the securities and to receive interest and the dividends there on and negotiate and transfer the securities specified in the schedule hereunder.
For Petitioners : Mr.N.R.Sai Gautham
ORDER
The petitioners seek Succession Certificate in respect of the securities held by Late Mr.D.Arumugaperumal and his wife Late Mrs.A.Kalaiselvam, who died intestate on 05.10.2021 and 30.12.2018 respectively. The 1st petitioner is the daughter of the deceased couple; the 2nd petitioner is the 1/6
daughter-in-law and 3rd petitioner is the grand-daughter of the deceased couple through their predeceased son Late.Mr.A.Prem Anand. The petitioners submits that the 1st petitioner is entitled to the 1/2th share in the securities as the daughter of the deceased couple whereas as the 2nd and 3rd petitioners are entitled to 1/4th share each in the securities as the legal heirs Late.Mr.A.Prem Anand, who is the predeceased son of the deceased couple.
2. The first petitioner has been examined as PW1, she has marked the Ex.P1 to P15 which has been listed under the foot of the order. She has produced the computer generated death certificates of the deceased couple Late.Mr.D.Arumugaperumal and Late.Mrs.A.Kalaiselvam and their predeceased son Late.Mr.A.Prem Anand as Ex.P3, Ex.P4 and Ex.P8 respectively. The legal heirship certificates of the deceased couple Late.Mr.D.Arumugaperumal and Late.Mrs.A.Kalaiselvam which are marked as Ex.P5 and Ex.P6, proves that the 1st petitioner is the daughter of the deceased couple and one Late.Mr.A.Prem Anand is the predeceased son of the couple. The legal heirship certificate of Late.Mr.A.Prem Anand has been marked as Ex.P15, which clearly indicates that the 2nd and 3rd petitioners are 2/6
his only legal heirs. The combined perusal of the exhibits Ex.P5, Ex.P6 and Ex.P15 corroborates the claims made in the petition that the 1st petitioner is entitled to 1/2th share in the securities whereas the 2nd and 3rd petitioners are entitled to 1/4th share each in the securities. The necessary paper publication has been made which is marked as Ex.P14 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 securities and receive the interest and dividends there on and negotiate and transfer the securities mentioned in the schedule to the petition. Index :Yes/No 3/6
Petitioner's witness:
P.W.1 - Ms.Prem Radhika Kaleeswaran Documents exhibited by the petitioners:
Exhibits Documents Ex.P1 Photocopy of Aadhar card of Mr.D.Arumugaperumal (Compared with the original) Ex.P2 Photocopy of the Aadhar card of Mrs.A.Kalaiselvam.(Compared with the original) Ex.P3 Computer generated death certificate of Mr.D.Arumugaperumal.
Ex.P4 Computer generated death certificate of Mrs.A.Kalaiselvam.
Ex.P5 Computer generated legal heirship certificate of Mr.D.Arumugaperumal. (Compared with the original) Ex.P6 Computer generated legal heirship certificate of Mrs.A.Kalaiselvam.(Compared with the original) Ex.P7 Photocopy of Aadhar Card(Compared with the original) Ex.P8 Computer generated death certificate of Mr.A.Prem Anand. Ex.P9 Photocopy of the share certificate of Cholamnadalam Investment and Finance Company Ltd bearing folio No.000255 standing in the name of Mr.D.Arumugaperumal and Mrs.A.Kalaiselvam (Compared with the original) Ex.P10 Photocopy of the Aadhar card of the 2nd petitioner.(Compared with the original) Ex.P11 Photocopy of the Aadhar card of the 3rd petitioner. (Compared with the original) Ex.P12 Downloaded copy of the SEBI circular for transfer of shares.
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Ex.P13 Certificate under Section 65 B of the Indian Evidence Act, 1872.
Ex.P14 Copy of paper publication effected in one issue of Tamil daily "Makkal Kural" dated 06.07.2024.
Ex.P15 Photocopy of the legal heirship certificate of Mr.A.Prem Anand (Compared with the original) 5/6
K.KUMARESH BABU, J.
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