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Madras High CourtOP/564/2024ordered

Vijayarani v. No Respondent

2025-03-24Honourable Mr Justice K.Kumaresh Babu4 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 24.03.2025

CORAM

THE HONOURABLE MR.JUSTICE K.KUMARESH BABU Mrs.Vijayarani

...Petitioner

PRAYER: Original Petition filed for Succession Certificate under Section 372 and Part X of Indian Succession Act, 1925 read with Order XXV Rule 6 of O.S.Rules, prays that this Hon'ble Court may be pleased to grant a Succession Certificate to the petitioner Vijayarani, with power to collect the securities and to receive interest, dividends thereon and negotiate and transfer the securities specified in the schedule hereunder. For Petitioner : Mr.N.Ganesh Chockalingam

ORDER

The petitioners seek Succession Certificate in respect of the securities held by Late.Mr.S.Manivasagan, who died intestate on 25.01.2024. The petitioner is the wife of the deceased.

2. The petitioner has been examined as PW1. She has produced the computer generated death certificate of the deceased Late.Mr.S.Manivasagan 1/4

as Ex.P1. The legal heirship certificate of the deceased as Ex.P2. The photocopy of the aadhar card of the petitioner as Ex.P3. A perusal of Ex.P2 and Ex.P3 shows that the petitioner is the wife and is the only surviving legal heir of the deceased Late.Mr.S.Manivasagan. A paper publication Ex.P6 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 securities and receive the interest and dividends mentioned in the schedule to the petition.

Index :Yes/No Petitioner's witness:

P.W.1 - Mrs.Vijayarani 2/4

Documents exhibited by the petitioners:

Exhibits Documents Ex.P1 Computer generated death certificate of Mr.S.Manivasagan. Ex.P2 Computer generated legal heirship certificate of Mr.S.Manivasagan.

Ex.P3 Photocopy of my Aadhar Card (Compared with the original) Ex.P4 Original client master list dated 16.04.2024 in respect of shares held by Mr.Manivasagan.

Ex.P5 Original statement of holding as on 29.02.2024 issued by Axis Securities Ltd in respect of the shares held by Mr.Manivasagan.

Ex.P6 Copy of paper publication effected in one issue of Tamil daily "Makkal Kural" dated 16.11.2024.

Ex.P7 Certificate under Section 65 B of the Indian Evidence Act, 1872.

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K.KUMARESH BABU, J.

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