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Madras High CourtOP/726/2022allowed

Mrs.A.Alamelu v. R.Krishnamurthy (Deceased) And 5 Others

2026-02-25Honourable Mr.Justice P. Dhanabal6 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 25-02-2026

CORAM

THE HON'BLE MR.JUSTICE P. DHANABAL Mrs.A.Alamelu W/o.S.Athmaraman, Old No.15, New No.8, Kasthuri Estate, 1st Street, Alwarpet, Chennai - 600 018.

..Petitioner(s) Vs

1. R.Krishnamurthy (Deceased) S/o.Late Rajam Iyer, 14, Saravana Apartments, New No.348, TTK Road, Alwarpet, Chennai - 600 018.

2. R.Ramamurthy S/o.Late Rajam Iyer, Represented by his Power Agent and elder brother, Mr.R.Krishnamurthy, 14, Saravana Apartments, New No.348, TTK Road, Alwarpet, Chennai - 600 018.

3. R.Balasubramanian S/o.Late Rajam Iyer, A 14, 4th Floor, 50/103, Poes Road, Teynampet, Chennai - 600 018.

4. Pattammal Krishnamurthy W/o.Late R.Krishnamurthy,

5. Uma D/o.Late R.Krishnamurthy,

6. Rajarajeshwari Subramanian D/o.Late R.Krishnamurthy, Respondents 4 to 6 represented by their power agent Mrs.B.Chandra, A-14, 4th Floor, 50/103, Poes Garden, Teynampet, Chennai - 600 018.

(Respondents 4 to 6 have been brought on record as legal heirs of deceased 1st respondent as per order of the Hon'ble High Court in A.No.4189/2024 in OP.726/2022 dated 19.08.2024 which has been subsequently extended by this Court in A.No.6675/2024 in OP.726/2022 dated 21.12.2024 till 07.01.2025) ..Respondent(s) Prayer: Petition filed under Section 372 of Indian Succession Act, 1925 r/w Order XXV, Rule 6 of the Madras High Court Original Side Rules to grant a Succession Certificate to the Petitioner, with power to collect the securities to receive the interest and dividends on and negotiate and transfer the securities specified in the schedule hereto.

For Petitioner(s):

Mr.S.Sundaresan For Respondent(s):

R1 - died Mr.Tarun Rao Kallakuru for R2 to R6

ORDER

This petition has been filed by the petitioner praying to grant Succession Certificate under Section 372 of the Indian Succession Act read with Order XXV Rule 6 of the Original Side Rules.

2. According to the petitioner, one Rajam Iyer had expired on 14.10.2015.

• The petitioner and the respondents 1 to 3 are the children of Late Mr.Rajam Iyer and the mother of the petitioner and the respondents 1 to 3 expired on 03.11.2018. The respondents 4 to 6 are the legal heirs of the deceased 1st respondent.

Except the above petitioner and the respondents, there are no other legal heirs to the said deceased Rajam Iyer. The said deceased Rajam Iyer during his lifetime, had purchased shares in various companies in the name of the deceased. The face value of the said shares would come around Rs.1,31,53,957/-. The deceased Rajam Iyer died intestate. A due and diligent search has been made for a Will, but it was not found. Since the petitioner and the respondents are the only legal heirs of the assets of the deceased and there is no other next of kin to the deceased and in order to get those shares, the Succession Certificate is necessary to them. The

respondents 1 to 3, have no objection for granting succession certificate in favour of the petitioner and the respondents 4 to 6 are the legal heirs of the 1st respondent, who died on 19.01.2023. Therefore, they have filed this petition.

3. After filing of this Original Petition, the petitioner was directed to effect paper publication and the same was also effected. No any objection was received from any party. Thereafter, the matter was posted for examination of witnesses and the evidence was recorded. On the side of the petitioner, she was examined PW1 and marked Ex.P.1 to Ex.P.194.

4. This Court also perused the entire documents including the evidences. During the pendency of the petition, as the 1st respondent died, his legal heirs have been impleaded as the respondents 4 to 6, as per the order of this Court. The petitioner namely Mrs. A.Alamelu has been examined as PW1 and 194 documents have been marked. On a careful perusal of the evidence of PW1 and the documents, viz., Ex.P.1 to Ex.P194, they revealed that the petitioner and the respondents are the legal heirs of the deceased Rajam Iyer to succeed his estates and he died intestate, thereby, the petitioner is entitled to get the share certificates. The respondents 1 to 3 have no objection to grant succession certificate in favour of the petitioner and therefore, petitioner is entitled to the Succession Certificate.

5. In view of the same, this Original Petition is allowed. The petitioner is entitled to the value of the petition-mentioned assets and a direction for grant of Succession Certificate in favour of the petitioner with power to collect the securities and to receive the interest and dividends on and negotiate and for terminal benefits, if any, specified in the Schedule, as applicable till the date of withdrawal, is issued. 25.02.2026 Index :

Yes/No Speaking Order :

Yes/No ssd

P.DHANABAL, J.

ssd 25-02-2026