S.Thirumurugan And Another v. No Respondent

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 17.04.2025

CORAM

THE HONOURABLE MR.JUSTICE K.KUMARESH BABU 1.S.Thirumurugan 2.S.Kannan

...Petitioners

PRAYER: Original Petition filed under Section 372 of Indian Succession Act and Order XXV Rule 6 of Madras High Court original Side Rules, prays that a Succession Certificate may be granted 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 : Mr. V.Suryanarayana Reddy

ORDER

The petitioners seek Succession Certificate in respect of the securities held by Late.Mr.V.Subbaraj, who died intestate on 17.06.2008. The petitioners are the sons of the deceased.

2. The first petitioner has been examined as PW1. He has produced the computer generated death certificates of the deceased Late.Mr.V.Subbaraj 1/4

and wife of the deceased Late.Mrs.V.Kothai as Ex.P2 and Ex.P4. The legal heirship certificates of the deceased and his wife have been marked as Ex.P3 and Ex.P5. A perusal of Ex.P3 clearly shows that the petitioners 1 and 2 are the only surviving legal heirs of the deceased Late.Mr.V.Subbaraj. The general paper publication has been made and no objections have been received for the same.

3. The assertions in the petition have been duly proved by adducing oral evidence supported by documents. In these circumstances, the petitioners 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, with the power to collect the securities and to receive the interest and dividends and negotiate and transfer the securities mentioned in the schedule to the petition. Index :Yes/No Petitioner's witness:

P.W.1 - Mr.S.Thirumurugan 2/4

Documents exhibited by the petitioner:

Exhibits Documents Ex.P1 Photocopy of the Share certificate (20 Nos) (Original produced compared verified and returned) Ex.P2 Photocopy Death certificate of Subbaraj dated 24.06.2008.(Original produced compared verified and returned) Ex.P3 Photocopy of the Legal Heir Certificate of Subbaraj dated 28.06.2008.(Original produced compared verified and returned) Ex.P4 Original Death certificate of V.Kothai dated 05.05.2010. Ex.P5 Photocopy of the Legal Heir Certificate of V.Kothai dated 10.06.2010.

Ex.P6 Photocopy of the Aadhaar card of Thirumurugan Subbaraj. (Original produced compared verified and returned) Ex.P7 Photocopy of the Aadhaar card of Kannan Subbaraj (Original Aadhar card is produced and returned)(Original produced compared verified and returned) K.KUMARESH BABU, J.

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