P.Ramesh Palanisamy v. No Respondent

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 23.07.2025

CORAM

THE HONOURABLE MR.JUSTICE K.KUMARESH BABU Mr.P.Ramesh Palanisamy

...Petitioner

PRAYER: Original Petition filed under Section 372 of Indian Succession Act XXXIX of 1925 and under Order XXV Rule 6 of O.S.Rules to grant succession certificate to the sole petitioner with a power to collect the debts and to receive the dividends thereon and negotiate and transfer the securities specified in the description.

For Petitioner :Mr.R.K.Arjun Raj

ORDER

The petitioner seeks Succession Certificate in respect of the debts held by Late P.Raju, who died intestate on 27.09.2020. The petitioner is the brother of the deceased. The father and mother of the deceased are not alive.

2. The petitioner has examined himself as PW1. He has produced the death certificate of the deceased as Ex.P2. The legal heirship certificate of the deceased as Ex.P1. The legal heirship certificate of the mother of the deceased as Ex.P3. A perusal of Ex.P1, shows that the deceased died leaving behind his mother as his surviving legal heir. Ex.P3 shows that the mother of 1/4

the deceased died leaving behind the petitioner as her surviving legal heir. From the above observation, it can be inferred that after the demise of P.Raju, the property devolved upon the mother of the deceased being the Class I legal heir of the deceased. Thereafter, the mother died leaving behind the petitioner as her sole legal heir, who is also the Class II legal heir of the deceased. A paper publication has been made and no objections have been received.

3. The assertions in the petition have been duly proved by adducing oral evidence supported by documents. In these circumstances, the petitioner is entitled to the relief.

4. In view of the above evidence, the Original Petition is allowed granting Succession Certificate in favour of the petitioner, with the power to collect the debts and receive the interest and dividends thereon and negotiate and transfer the securities mentioned in the schedule to the petition. Index :Yes/No Petitioner's witness:

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P.W.1 - Mr.P.Ramesh Palanisamy Documents exhibited by the petitioners:

Exhibits Documents Ex.P1 Online copy of the legal heirship certificate of P.Raju dated 28.10.2020.

Ex.P2 Online copy of the death certificate of P.Raju, (date of death 27.09.2020) dated 30.11.2020.

Ex.P3 Online copy of the legal heir certificate of deceased Kannammal, dated 15.11.2024.(Original produced, verified, returned) Ex.P4 Photocopy of savings passbook of P.Raju statement of India Post Account, dated 11.04.2023.(Original produced, verified, returned) Ex.P5 Online copy of the statement of account of shares in Aditya Birla Money Limited, dated 31.01.2025.(Original produced, verified, returned) Ex.P6 Webcopy of the statement of account of shares in HDFC Bank, dated 06.02.2025.(Original produced, verified, returned) Ex.P7 Photocopy of the statement of account of P.Raju and locker at Canara Bank, T.Nagar Branch, dated 15.02.2025.(Original produced, verified, returned) Ex.P8 Photocopy of the statement of account of P.Raju at Canara Bank, Egmore Branch dated 15.02.2025.(Original produced, verified, returned) 3/4

K.KUMARESH BABU, J.

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