P.B.Balaji And 2 Others v. No Respondent

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 10.03.2025

CORAM

THE HONOURABLE MR.JUSTICE K.KUMARESH BABU 1.Mr.P.B.Balaji 2.Mr.P.B.Vijayakumar 3.Mrs.Jayshree

...Petitioners

PRAYER: Original Petition filed for Succession Certificate under Section 372 of the Indian Succession Act, 1925 & under Order XXV Rule 6 of O.S.Rules, praying that a succession certificate may be granted to the first petitioner with the power to collect the securities/shares, and the receive the interest and dividends on and negotiate and transfer the securities specified in the schedule hereto and pass such further or other orders as it may deem fit and proper in the circumstances of the case and thus render justice. For Petitioners : Mr.R.Kannan

ORDER

The petitioners seek Succession Certificate in favour of 1st petitioner in respect of the securities held by Late P.S.Badri Narayanan, who died intestate on 03.09.2009. The petitioners are the children of the deceased. The third petitioner is represented by the first petitioner, since she lives in USA. 1/4

2. The first petitioner has been examined as PW1. He has produced the computer generated death certificate of the deceased P.S.Badri Narayanan as Ex.P1. The legal heirship certificate of the deceased as Ex.P2. The photocopy of the General Power of Attorney dated 30.12.2022 as Ex.P5. A perusal of Ex.P2, shows that the petitioners are the only legal heirs of the deceased P.S.Badri Narayanan. 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 petitioners are entitled to the releif.

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

kak Index :Yes/No 2/4

Petitioner's witness:

P.W.1 - Mr.P.B.Balaji Documents exhibited by the petitioners:

Exhibits Documents Ex.P1 Computer generated death certificate of Mr.P.S.Badri Narayanan along with the affidavit under Section 65 B of the Indian Evidence Act, 1872.

Ex.P2 Photocopy of the legal heir ship certificate of Mr.P.S.Badri Narayanan (Compared with the original) Ex.P3 Photocopy of my Aadhar Card.

Ex.P4 Photocopy of the statement of holding as on 14.03.2023 bearing client ID No.54367401 issued by ICICI Bank Ltd., regarding the shares held by Mr.P.S.Badri Narayanan.

Ex.P5 Photocopy of the General Power of Attorney dated 30.12.2022 executed by 3rd petitioner in my favour (Compared with the original) Ex.P6 Copy of paper publication effected in one issue of Tamil daily "Makkal Kural" dated 09.11.2024.

kak K.KUMARESH BABU, J.

kak 3/4

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