G.Naveen v. G.Indira And 2 Others
IN THE HIGH COURT OF JUDICATURE AT MADRAS
Dated : 24.01.2025 Coram:
THE HONOURABLE Dr. JUSTICE G.JAYACHANDRAN Original Petition No.722 of 2023 G.Naveen ... Petitioner Vs.
1.G.Indira 2.G.Kiruthiga 3.D.Chellakkani Ammal (died) (Death of 3rd respondent recorded vide order made in Memo No.12057/2024 dated 24.07.2024 and extended dated 08.08.2024) ... Respondents Prayer: Original Petition has been filed under Section 372 of the Indian Succession Act 1925 read with Order XXV Rule 6 of Original Side Rules, for grant of Succession Certificate in favour of the petitioner with power to collect the debts and to receive the interest and negotiate and transfer the securities specified in the schedule hereto.
For Petitioner : Mr.Murugavel For Respondent : No appearance ****
O R D E R
The Original Petition has been filed under Section 372 of the Indian Succession Act 1925 read with Order XXV Rule 5 of Original Side Rules seeking for issuance of a Succession Certificate in respect of the shares held by late G.Gnana Sekar, who was the father of the petitioner and died intestate on 25.03.2006.
2.
During his lifetime, he had acquired shares of M/s.Tamil Nad Mercantile bank limited, which are morefully described in the schedule attached to the petition. Since G.Gnana Sekar died intestate, his estate is likely to devolve on his wife, mother and children. The petitioner, the son of G.Gnana Sekar, has filed an application for the grant of a Succession Certificate under Section 372 of Indian Succession Act. The wife, daughter and mother who are the other class 1 heirs of G.Gnana Sekar are arrayed as respondents.
3. Pending the petition, the mother, D.Chellakkani Ammal died (3rd respondent). Though there was one more daughter named Balakeerthana, since she died on 17.02.2021 as spinster, she has not been made a party to the proceedings, which were initiated after her death.
4. To prove the claim, the petitioner has relied upon the following 12 documents, which were marked as as Ex.P1 to Ex.P12. Exhibits Documents Ex.P.1 Computer generated death certificate of Mr.Gnana Sekar Ex.P.2 Computer generated legal heir ship certificate of Mr.Gnana Sekar. Ex.P.3 Photocopy of the share certificate of Tamilnad Mercantile Bank Limited bearing registered folio No.0001939 and certificate No.000059250 stands in the name of Mr.D.Gnana Sekar Ex.P.4 Photocopy of the share certificate of Tamilnad Mercantile Bank Limited bearing registered folio No.0001939 and certificate No.22960 stands in the name of Mr.D.Gnana Sekar Ex.P.5 Photocopy of my Aadhaar Card Ex.P.6 Photocopy of the Aadhaar Card of the first responden Ex.P.7 Photocopy of the Aadhaar Card of the second respondent Ex.P.8 Photocopy of the Aadhaar Card of the third respondent Ex.P.9 Computer generated death certificate of Ms.G.Balakeerthana Ex.P.10 Computer generated death certificate of the third respondent/Mrs.D.Chellakkani Ammal.
Ex.P.11 Copy of paper publication effected in one issue of Tamil daily "Makkal Kural" dated 01.03.2024.
Ex.P12 Certificate under Section 65 B of the Indian Evidence Act, 1872
5. The paper publication inviting objections from the general public had not revoked any objection or response. The other class I heirs, namely the wife and the daughter of late G.Gnana Sekar have given consent affidavits for the grant of the Succession Certificate in favour of the petitioner. Ex.P3 and Ex.P4, which are share certificates, support, the petitioner's claim that his father, G.Gnana Sekar,
held the securities mentioned in the petition. The legal heir certificate, marked as Ex.P2 indicates that the petitioner and respondents 1 and 2 are the surviving legal heirs of G.Gnana Sekar.
6. In the light of the above documents, there is no legal impediment to grant Succession certificate in favour of the petitioner. Hence, this Original Petition stands Allowed. A Succession Certificate is issued in favour of the petitioner, enabling him to collect the securities, receive interest and dividends and negotiate and transfer the securities specified in the schedule hereto. The petitioner is directed to render the account within one year from the date of grant of Succession Certificate.
Index: Yes/No.
Internet : Yes/No.
rpl Petitioner's witness:
P.W.1 -G.Naveen Documents marked:
Exhibits Documents Ex.P.1 Computer generated death certificate of Mr.Gnana Sekar Ex.P.2 Computer generated legal heir ship certificate of Mr.Gnana Sekar. Ex.P.3 Photocopy of the share certificate of Tamilnad Mercantile Bank Limited bearing registered folio No.0001939 and certificate No.000059250 stands in the name of Mr.D.Gnana Sekar Ex.P.4 Photocopy of the share certificate of Tamilnad Mercantile Bank Limited bearing registered folio No.0001939 and certificate No.22960 stands in the name of Mr.D.Gnana Sekar Ex.P.5 Photocopy of my Aadhaar Card Ex.P.6 Photocopy of the Aadhaar Card of the first responden Ex.P.7 Photocopy of the Aadhaar Card of the second respondent Ex.P.8 Photocopy of the Aadhaar Card of the third respondent Ex.P.9 Computer generated death certificate of Ms.G.Balakeerthana Ex.P.10 Computer generated death certificate of the third respondent/Mrs.D.Chellakkani Ammal.
Ex.P.11 Copy of paper publication effected in one issue of Tamil daily "Makkal Kural" dated 01.03.2024.
Ex.P12 Certificate under Section 65 B of the Indian Evidence Act, 1872
Dr.G.JAYACHANDRAN, J.
rpl Original Petition No.722 of 2023