Suguna Velayutham And 2 Others v. No Respondent

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 07.02.2025

CORAM

THE HONOURABLE MR.JUSTICE K.KUMARESH BABU 1.Suguna Velayutham 2.M.Balasubramani 3.M.Paneerselvam

...Petitioners

PRAYER: Original Petition filed for issuance of Succession Certificate under Section 372 of the Indian Succession Act, 1925 read with Order XXV Rule 6 of Original Side Rules, prays that a Succession Certificate may be granted to the petitioners with power to collect the debts and to receive interest specified in the schedule hereunder pass such further or other orders as this Hon'ble Court may deem fit and proper in the circumstances of the case.

For Petitioner : Ms.D.Kalaiselvi 1/4

ORDER

The petitioners seek Succession Certificate in respect of the securities held by Late.M.Maleeswari, who was a spinster, died intestate on 19.12.2022. The petitioners are the siblings of the deceased. The parents and one brother of the Late.M.Maleeswari predeceased her.

2. The third petitioner has been examined as PW1. He has produced the death certificates of his parents and siblings as Ex.P1 to Ex.P4 and the legal heirship certificate of the Late M.Maleeswari as Ex.P5. A perusal of ExP5 shows that the petitioners are the only legal heirs of the Late M.Maleeswari. 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 petitioners, to collect the debt and receive the interest in respect of the securities mentioned in the schedule to the petition.

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Index :Yes/No Petitioner's witness:

P.W.1 - Mr.M.Paneerselvam Documents exhibited by the petitioners:

Exhibits Documents Ex.P1 Computer generated death certificate of Mr.M.Muthu. Ex.P2 Computer generated death certificate of Mrs.M.Devaki. Ex.P3 Computer generated death certificate of Mr.Vijaykumar. Ex.P4 Computer generated death certificate of Mrs.M.Maleeswari. Ex.P5 Computer generated legal heir ship certificate of Mrs.M.Maleeswari.

Ex.P6 Original account statement for the period 01.04.2023 to 31.03.2024 issued by State Bank of India in respect of the account held by Ms.M.Maleeswari.

Ex.P7 Original certificate dated 18.04.2024 issuedd by State Bank of India in respect of the account beraing No.10313586290 and locker bearing No.49830898663 held by Mrs.Malleswari. Ex.P8 (Series 3 Nos) are the photocopies of the Aadhar Cards of the petitioners (Compared with originals).

Ex.P9 Copy of the paper publication effected in one issue of Tamil daily "Makkal Kural" dated 11.10.2024.

Ex.P10 Certificate under Section 65 B of the Indian Evidence Act, 1872.

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K.KUMARESH BABU,J.

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