Kannabiran Sukumar v. Srikanth Sukumar And Another

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 07.04.2025

CORAM

THE HONOURABLE MR.JUSTICE K.KUMARESH BABU Kannabiran Sukumar

...Petitioner

vs.

1.Srikanth Sukumar 2.Shruti Sukumar

...Respondents

PRAYER: Original Petition filed under Section 372 of Indian Succession Act XXXIX of 1925 read with Order XXV Rule 6 of O.S. Rules, 1956 for grant of Succession Certificate, praying to grant a Succession Certificate to the petitioner with power to collect the debts and to receive the interest mentioned in the schedule hereunder.

For Petitioner : Mr.D.Veera sekaran For Respondents : No appearance

ORDER

The petitioner seeks the Succession Certificate in respect of the securities held by Late.Mrs.Shailaja Sukumar, who died interstate on 30.09.2023. The petitioner is the husband of the deceased whereas the respondents 1 and 2 are the children of the deceased. 1/4

2. The petitioner has been examined as PW1. He has produced the photocopy of the death certificate of the deceased as Ex.P1. The photocopy of the legal heirship certificate of the deceased has been marked as Ex.P2. The consent letters given by the respondents 1 and 2 has been marked as Ex.P5. On perusal of the Ex.P2 it's clear that the petitioner is the husband of the deceased. A paper publication has been made 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 petitioner is entitled to the relief.

4. In view of the above evidence, the Original Petition is allowed granting Succession Certificate in favour of the petitioner, with the power to collect the debts and to receive the interest mentioned in the schedule to the petition.

Index :Yes/No 2/4

Petitioner's witness:

P.W.1 - Mr.Kannabiran Sukumar Documents exhibited by the petitioners:

Exhibits Documents Ex.P1 Photocopy of the Death Certificate of Shailaja Sukumar dated 11.10.2023.

Ex.P2 Photocopy of the Legal Certificate of Shailaja Sukumar dated 29.10.2023.

Ex.P3 SBI Letter dated 04.03.2024.

Ex.P4 Photocopy of the PPF Account Details dated 20.03.2024. Ex.P5 Consent Letters given by Respondent No.1 and 2 dated 29.03.2024.

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K.KUMARESH BABU, J.

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