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Madras High CourtOP/530/2024ordered

C.M.Visweswaran v. No Respondent

2025-02-12Honourable Mr Justice K.Kumaresh Babu4 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 12.02.2025

CORAM

THE HONOURABLE MR.JUSTICE K.KUMARESH BABU C.M.Visweswaran ... Petitioner PRAYER: Original Petition filed under Section 372 of the Indian Succession Act r/w.XXV Rule 6 of the Original Side Rules to collect the Debts and Securities and to receive interest and dividends thereon and negotiate and transfer the Securities specified in the Schedule hereunder. For Petitioner : Mr.S.L.Sudarsanam

O R D E R

The petitioner seeks Succession Certificate in respect of the securities held by Late C.Masillamoney, who died intestate on 25.10.2008. The petitioner is the only son of the deceased and his mother predeceased her husband.

2. The 1st petitioner has been examined as PW1. He has produced the computer generated death certificates of the deceased C.Masillamoney and his wife Late.Vijaya Lakshmi as Ex.P9 and Ex.P8 respectively. The legal 1/5

heirship certificate of the deceased as Ex.P10. A perusal of Ex.P10 shows that the petitioner is the only legal heirs of the deceased C.Masillamoney. A paper publication has been made and no objections have been received.

3. In view of the above evidence, the Original Petition is allowed granting Succession Certificate in favour of the petitioner, in respect of the securities with the power to collect the debts and to receive interest mentioned in the schedule to the petition.

12.02.2025 Index :Yes/No Speaking: Yes/ No Petitioner witness:

P.W.1 -Mr.C.M.Visweswaran Documents exhibited by the petitioner:

Exhibits Documents Ex.P1 Photocopy of the LIC Mutual Fund bond standing in the name of Mr.Chinnagavanam Masilamoney Ex.P2 Photocopy of the share certificate in Union Bank of India standing in the name of Mr.C.Masilamoney Ex.P3 Photocopy of the share certificate in Apollo Hospitals Enterprise Limited standing in the name of Mr.C.Masilamoney Ex.P4 Photocopy of the share certificate in Apollo Hospitals 2/5

Exhibits Documents Enterprise Limited Standing in the name of Mr.C.Masilamoney Ex.P5 Photocopy of the share certificate in State Bank of India standing in the name of Mr.Chinnagavanam Masilamoney Ex.P6 Photocopy of the share certificate in Bank of Baroda standing in the name of Mr.Chinnagavanam Masilamoney Ex.P7 Photocopy of the savings bank passbook in State Bank ofIndia Park Town branch standing in the name of Mr.C.Masilamani Ex.P8 Computer generated death certificate of Mrs.Vijayalakshmi Ex.P9 Computer generated death certificate of Mr.C.Masilla Money Ex.P10 Photocopy of the legal heir ship certificate of Mr.C.Masilamani Ex.P11 Photocopy of PW1-Aadhar Card Ex.P12 Photocopy of PW1 - Pan card Ex.P13 Copy of paper publication effected in one issue of Tamil Daily "Makkal Kural" dated 18.10.2024 Ex.P14 Certificate under Section 65B of the Indian Evidence Act, 12.02.2025 3/5

K.KUMARESH BABU,J.

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