L.V.Sitalakshmi And 4 Others v. No Respondent
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 02-12-2025
CORAM
THE HONOURABLE MR.JUSTICE P. DHANABAL
1. L.V.Sitalakshmi W/o.Late V.Seshan, No.5, 5th Cross Street, United India Colony, Kodambakkam, Chennai - 600 024.
2. K.S.Visalakshi W/o.Late P.V.Ramakrishnan, D/o.Late V.Seshan, Flat No.11 20/11, Lakshmi Nivasam, 5th Cross Street, United India Colony, Kodambakkam, Chennai 600 024.
3. K.S.Vaidyanathan S/o.Late V.Seshan, No.20/4, 5th Cross Street, United India Colony, Kodambakkam, Chennai 600 024.
4. Parvathy Jayakumar W/o.Jayakumar, D/o.Late V.Seshan, S-16, Block - II S.S.L, Green Park, Madanadhapuram, Mugalivakkam, Kancheepuram 600 125.
5. K.S.Nagarajan S/o.Late V.Seshan, 20/5, Lakshmi Nivasam, 5th Cross Street, United India Colony, Opp Metro Water, Kodambakkam, Chennai 600 024.
Petitioner(s)
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 that a Succession Certificate may be granted to the 3rd petitioner with power to collect securities and to receive interest, dividends thereon and negotiate and transfer the securities specified in the schedule hereto. For Petitioner(s):
Mr.D.Prasanna
ORDER
This application has been filed by the petitioners for grant of succession certificate in favour of the 3rd petitioner with power to collect securities and to receive interest, dividends thereon and negotiate and transfer the securities specified in the schedule.
2. According to the petitioners, they are the legal heirs of Mr.V.Seshan, who died intestate on 08.09.1974, leaving behind the petitioners 1 to 5 and one Mr.S.Vengateswaran. The said S.Vengateswaran, who is the son of the deceased Mr.V.Seshan, died on 26.11.2012 as unmarried. During the life time of said Mr.V.Seshan, he had possessed some share certificates and the petitioners are entitled to the estate of the deceased Mr.V.Seshan. Therefore, the petitioners have filed the present petition for grant of Succession Certificate.
3. The petitioners 1, 2, 4 & 5 have no objection for issuance of Succession Certificate in favour of the 3rd petitioner.
4. This Court after filing the original petition, directed the petitioners to effect paper publication and the same was also effected. There was no objection received from any party. Thereafter, the matter was referred to the learned Master for recording evidence. Before the learned Master, the third petitioner examined himself as P.W.1 and marked Exs.P1 to P11.
5. On perusal of Exs.P1 to P11 reveal that Mr.V.Seshan died intestate on 08.09.1974 and the petitioners are the legal heirs of the deceased Mr.V.Seshan. During his life time, the deceased Mr.V.Seshan had possessed some share certificates in his name. Now the petitioners are equally entitled to take up the said share certificates. It is stated that the petitioners 1, 2, 4 and 5 have no objection for issuance of Succession Certificate in favour of the 3rd petitioner.
6. Therefore, in view of the above said facts and upon consideration of the oral and documentary evidence and also the no objection given by the petitioners 1, 2, 4 and 5 for granting Succession Certificate in favour of the 3rd petitioner, this Court is of the view that the claim of the petitioners has been proved and thus, the 3rd petitioner is entitled to get Succession Certificate.
7. Accordingly, this Original Petition is allowed as prayed for and a direction for grant of Succession Certificate to the 3rd petitioner with power to collect securities and to receive interest, dividends thereon and negotiate and transfer the securities specified in the schedule, is issued. The petitioners are directed to render account once in a year.
02-12-2025 Jd Index:Yes/No Speaking/Non-speaking order Internet:Yes APPENDIX List of Witnesses on the side of the petitioner: PW1 : Mr.K.S.Vaidyanathan List of Documents on the side of the petitioner: Ex.P1/13.09.1974 :
Photocopy of the death certificate of V.Seshan.
Ex.P2/06.05.1993 :
Photocopy of the legal heirship certificate of deceased V.Seshan.
Ex.P3/18.02.2025 :
Photocopy of the computer generated copy of the death certificate of Venkateswaran.
Ex.P4/22.04.2013 :
Photocopy of the legal heirship certificate of deceased Venkateswaran.
Ex.P5// - :
Photocopy of the Aadhaar Card of the 1st petitioner.
Ex.P6/ - :
Photocopy of the Aadhaar Card of the 2nd petitioner.
Ex.P7/ - :
Photocopy of the Aadhaar Card of the 3rd petitioner.
Ex.P8/ - :
Photocopy of the Aadhaar Card of the 4th petitioner.
Ex.P9/ - :
Photocopy of the Aadhaar Card of the 5th petitioner.
Ex.P10/ - :
Letter sent by Link Intime India Private Limited to the 3rd petitioner giving particulars of the shares held by deceased Seshan.
Ex.P11/03.07.2025 :
Copy of paper publication effected in Tamil Daily "Makkal Kural".
02.12.2025
P.DHANABAL J.
jd 02-12-2025