G.Prakasam v. M.Vijaya And Another
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 30.06.2025
CORAM
THE HONOURABLE MR.JUSTICE K.KUMARESH BABU Mr.G.Prakasam S/o.Late Mr.S.Gnanagurudasan & Late Mrs.G.Namagiri Residing at 6650, Crown Point Vista Granite Bay, California 95746, United States of America Rep.by his Power Agent Mr.Ramaiah Chidambaram S/o.Mr.Ramaiah Chettiar Flat No.3, A Block, 4th Floor, Indira Grandeur, EB Road, Mogappair East, Chennai - 600 037.
...Petitioner
vs.
1.Mrs.M.Vijaya 2.Mr.Arun Gnanagurudasan
...Respondents
PRAYER: Original Petition filed under Section 372 of Indian Succession Act & Order XXV Rules 6 of Madras High Court Original Side Rules, praying to grant Succession Certificate to the petitioner herein with power to collect the securities and to receive interest and dividends thereon and negotiate and transfer the securities specified in the schedule hereto. 1/5
For Petitioner : Mr.K.Narasimhan For Respondents : Mr.D.Anand Raja (For R1 & R2)
ORDER
The petitioner seeks Succession Certificate in favour of the petitioner in respect of the securities held by Late S.Gnanagurudasan and G.Namagiri, who died intestate on 04.06.2016 and 05.03.2006. The petitioner and the respondents are the children of the deceased persons.
2. The petitioner has examined the Power Agent of the petitioner as PW1. He has produced the death certificates of the deceased persons as Ex.P2 and Ex.P1. The legal heir certificate of the deceased S.Gnanagurudasan as Ex.P3. The Power of Attorney in favour of the Power agent as Ex.P5. On perusal of Ex.P3, it shows that the petitioner and the respondents are the children of the deceased S.Gnanagurudasan. Since, the wife of the deceased S.Gnanagurudasan predeceased him, it can be inferred that the petitioner and the respondents are the surviving legal heirs of the deceased persons.
3. The learned counsel for the respondents submits that the respondents have no objection to grant a succession certificate in favour of the petitioner.
4. The assertions in the petition have been duly proved by adducing 2/5
oral evidence supported by documents. In these circumstances, the petitioner is entitled to the relief.
5. 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 securities and receive the interest and dividends on and negotiate and transfer the securities mentioned in the schedule to the petition. Index :Yes/No Petitioner's witness:
P.W.1 - Mr.Ramaiah Chidambaram Documents exhibited by the petitioners:
Exhibits Documents Ex.P1 Photocopy of the death certificate of G.Namagiri issued by Vellore Municipality on 08.03.2006.
Ex.P2 Photocopy of the death certificate of S.Gnanagurudasan issued by Vellore City Municipality on 22.06.2016. Ex.P3 Photocopy of the legal heir certificate of S.Gnanagurudasan issued by Deputy Tahsildhar, Taluk Office, Vellore on 29.06.2016.
Ex.P4 Photocopy of the PAN Card and Driving License of the petitioner.
Ex.P5 Photocopy of the Power of Attorney issued by G.Prakasam in favour of Mr.Ramaiah Chidambaram dated 30.12.2021.(Original is produced, compared and returned to the petitioner's counsel) 3/5
Ex.P6 Photocopy of PAN card of Power Holder.(Original is produced, compared and returned to the petitioner's counsel) Ex.P7 Photocopy of the Aadhar card of Power Holder.(Original is produced, compared and returned to the petitioner's counsel) Ex.P8 Printout of the E-mail sent by Integrated Registry Management Services Private Limited dated 19.02.2019. Ex.P9 Photocopy of the share certificate No.352268 Distinctive No.4555213-4556212.(Original is produced, compared and returned to the petitioner's counsel) 4/5
K.KUMARESH BABU, J.
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