N.Azhagarsamy (Deceased) And 4 Others v. No Respondent

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 05.08.2025

CORAM

THE HONOURABLE MR.JUSTICE K.KUMARESH BABU 1.N.Azhagarsamy (Died) 2.A.Nagendiran 3.A.Panneerselvam 4.A.Kamaraj 5.Kannagi ... Petitioners PRAYER: Original Petition filed under Sections 372 of the Indian Succession Act, 1925 r/w. Order XXV Rule 6 of the Original Side Rules praying to grant Succession Certificate to the petitioners with power to collect the debts and to receive the interest and dividends on and negotiate and transfer the securities specified in the schedule hereto. For Petitioner :

Ms.G.Devi ----

ORDER

The petitioners seek Succession Certificate in respect of the securities held by Mr.A.Murugesan, who died intestate on 19.07.2019. The 1st petitioner was the father of the deceased, upon whose demise the petitioners 2 to 5 were impleaded as his legal heirs, in pursuant to the order dated 1/5

24.01.2025 in Application No.236 of 2025. The petitioners 2 to 5 submit that the deceased died as a bachelor and the mother of the deceased had already predeceased him on 14.07.2013. The petitioners 2 to 5 contend that they are the siblings of the deceased and the only legal heirs of the deceased.

2. The second petitioner has been examined as PW1. He has produced 7 documents to support his deposition which are listed as Ex.P1 to Ex.P5 and Ex.C1 and Ex.C2. He has produced the online copy of the death certificate of the deceased as Ex.P3. The online copy of the death certificate of the mother of the deceased has been marked as Ex.P1 and the online copy of her legal heirship certificate has been marked Ex.P2. Upon the perusal of the Ex.P3, the death certificate of the deceased, it is seen that the name of the mother of the deceased is reflected as Late.Mrs.Ammathai. Further from the examination of Ex.P2, the legal heirship certificate of the aforesaid Late.Mrs.Ammathai it can be substantiated that the petitioners 2 to 5 are indeed the siblings of the deceased. The general paper publication has been effected which are marked as Ex.C1 and Ex.C2 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 petitioners 2/5

2 to 5 are entitled to the relief.

4. In view of the above evidence, the Original Petition is allowed granting Succession Certificate in favour of the petitioners 2 to 5, with the power to collect the debts and to receive the interest and dividends on and negotiate and transfer the securities mentioned in the schedule to the petition. Index :Yes/No Petitioners' witness:

Mr.A.Nagendiran (PW1) Documents exhibited by the petitioners:

Exhibits Documents Ex.P1 Online copy of the death certificate of Ammathai, mother of the deceased A.Murugesan, dated 02.09.2013.

Ex.P2 Photocopy of the legal heir certificate of the Ammathai, dated 28.09.2013. (Original produced, verified and returned) Ex.P3 Online copy of the death certificate of A.Murugesan, dated 29.08.2019.

Ex.P4 Certified copy of the statement of account in the name of deceased Murugesan in his S.B. Account 32134823640, State Bank of India Jainagar, Arumbakkam Branch.

Ex.P5 Photocopy of the Aadhar Card of the 2nd petitioner A.Nagendiran. (Original produced, verified and returned).

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Ex.C1 Paper publication in the Tamil edition "Makkal Kural" dated 31.05.2025.

Ex.C2 Paper publication in the English edition "Trinity Mirror" dated 19.05.2025.

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K.KUMARESH BABU, J.

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