Parvathy And Another v. No Respondent
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 27.06.2025
CORAM
THE HONOURABLE MR.JUSTICE K.KUMARESH BABU 1.Mrs.Parvathy 2.V.Yogesh
...Petitioners
PRAYER: Original Petition filed under Part X of the Indian Succession Act and U/S 372 of the Indian Succession Act U/O.XXV, Rule 6 of O.S. Rules to issue a Succession Certificate in favour of the 1st petitioner with the power to collect the debts and securities with interest and dividends on negotiate and transfer the securities as specified in the Schedule hereto. For Petitioners : Mr.C.Rajendran
ORDER
The petitioners seek Succession Certificate in favour of 1st petitioner in respect of the securities held by Late N.P.Thalasayanam who died intestate on 10.09.2005 and Late T.Srinivasan who is the eldest son Late N.P.Thalasayanam died intestate on 14.03.2011.
2. The petitioners submit that the 1st deceased Late N.P.Thalasayanam was married to one T.Susila Devi who predeceased him on 05.11.2004, the couple had begotten a daughter one Ms.Kalyani and two sons. The said 1/6
daughter Ms.Kalyani predeceased her parents as a spinster and one of the sons Mr.T.Srinivasan, the 2nd deceased herein also died as a bachelor thereby leaving behind Mr.Vasudevan the another son as the only surviving legal heir. The petitioners submit that Mr.Vasudevan died on 10.08.2023 leaving behind the petitioners as his legal heirs. The 1st petitioner is the daughter-in-law of N.P.Thalasayanam and sister-in-law of T.Srivansan. Similarly the 2nd petitioner is the grandson of N.P.Thalasayanam and nephew of T.Srinivasan. Therefore the petitioners 1 and 2 are the only legal heirs of both the deceased N.P.Thalasayanam and T.Srinivasan.
3. The first petitioner has been examined as PW1. She has produced 27 documents to support her deposition which are listed as Ex.P1 to Ex.P27 in the foot of the order. She had produced the photocopies of the death certificates of N.P.Thalasayanam and T.Srinivasan as Ex.P1 and Ex.P5. The photocopy of the death certificates of T.Susila Devi and T.Vasudevan has been marked as Ex.P4 and Ex.P7 respectively. The photocopy of the legal heirship certificates of N.P.Thalasayanam and T.Vasudevan has been marked as Ex.P3 and Ex.P8. The perusal of Ex.P3 proves that the 2nd deceased T.Srinivasan and Mr.Vasudevan were the only legal heirs of the N.P.Thalasayanam. Subsequently Ex.P8 proves that both the petitioners are 2/6
the only legal heirs of Mr.Vasudevan. From a joint perusal of both Ex.P3 and Ex.P8 it can be substantiated that petitioners are the only legal heirs of both the deceased N.P.Thalasayanam and T.Srinivasan. The aadhar cards of both the petitioners are marked as Ex.P10 and Ex.P11. A paper publication has been made and no objections have been received.
4. The assertions in the petition have been duly proved by adducing oral evidence supported by documents. In these circumstances, the 1st petitioner is entitled to the relief.
5. In view of the above evidence, the Original Petition is allowed granting Succession Certificate in favour of the 1st petitioner, with the power to collect the debts and securities with interest and dividends on negotiate and transfer the securities mentioned in the schedule to the petition. Index :Yes/No Petitioner's witness:
P.W.1 - Mrs.Parvathy Documents exhibited by the petitioners:
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Exhibits Documents Ex.P1 Photocopy of the Death Certificate of N.P.Thalasayanam dated 10.09.2005.
Ex.P2 Photocopy of the Family Card of N.P.Thalasayanam. Ex.P3 Photocopy of the Legal Heir certificate of N.P.Thalasayanam.
Ex.P4 Photocopy of the Death certificate of T.Susila Devi dated 05.11.2004.
Ex.P5 Photocopy of the Death Certificate of T.Srinivasan dated 14.03.2011.
Ex.P6 Photocopy of the Voter ID Card of T.Srinivasan. Ex.P7 Photocopy of the Death Certificate of T.Vasudevan dated 10.08.2023.
Ex.P8 Photocopy of the Legal Heir Certificate of T.Vasudevan dated 19.09.2023.
Ex.P9 Photocopy of the Aadhaar card of T.Vasudevan. Ex.P10 Photocopy of the Aadhar card of V.Parvathy.
Ex.P11 Photocopy of the Aadhar card of V.Yogesh.
Ex.P12 Photocopy of the Legal heir affidavit of T.Vasudevan dated 10.08.2022.
Ex.P13 Photocopy of the Self Declaration of T.Vasudevan dated 10.08.2022.
Ex.P14 Photocopy of the Investment Trust of India Ltd., (Series Nos.12) Ex.P15 Photocopy of the Deccan Finance Ltd.(Series Nos.2) Ex.P16 Photocopy of the Gangappa Paper Mills Limited.(Series Nos.4) Ex.P17 Photocopy of the Leasco Ltd.,(Series Nos.12) Ex.P18 Photocopy of the Southern Sea Crafts Limited.(Series Nos.20) Ex.P19 Photocopy of the Southern Asian Finance Limited.(Series Nos.4) Ex.P20 Photocopy of the The East Indian Hotels Ltd.(Series Nos.4) Ex.P21 Photocopy of the Midland Leasing Ltd.,(Series Nos.12) 4/6
Ex.P22 Photocopy of the Beardsell Ltd.,(Series Nos.10) Ex.P23 Photocopy of the Intergrated Finance Company Ltd,(Series Nos.4) Ex.P24 Photocopy of the Ashok Leasing and Hire Purchase Ltd.,(Series Nos.5) Ex.P25 Photocopy of the Indusind Bank Ltd., Ex.P26 Photocopy of the Sriram Finance Limited Ex.P27 Photocopy of the Lakshmi Trade Credits Ltd.
K.KUMARESH BABU, J.
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