← Library
Madras High CourtOP/353/2025allowed

K.Srinivasa Rao And 2 Others v. No Respondent

2026-02-18Honourable Mr.Justice P. Dhanabal5 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 18-02-2026

CORAM

THE HON'BLE MR.JUSTICE P. DHANABAL

1. K.Srinivasa Rao S/o. Late K.Vallabheswar Rao,

2. K.S.Aravind S/o.Dr.K.Srinivasa Rao,

3. K.S.Anand S/o.Dr.K.Srinivasa Rao, ..Petitioner(s) Vs No Respondent Nil ..Respondent(s) PRAYER: The Original Petition has been filed under Section 372 of Indian Succession Act read with Order XXV Rule 6 of Original Side Rules praying that the Succession Certificate may be granted to the 1st petitioner with power to collect the securities and to receive the interest and dividends on and negotiate and transfer the securities specified in the schedule hereto. For Petitioner(s):

V.Meenakshi Sundaram

ORDER

This petition has been filed by the petitioners praying to grant Succession Certificate under Section 372 of the Indian Succession Act read with Order XXV Rule 6 of the Original Side Rules.

2. According to the petitioners, the wife of the 1st petitioner and the mother of the 2nd and 3rd petitioners, namely Dr. Geetha Srinivasa Rao, died intestate in the year 2016 leaving behind the petitioners as her surviving legal heirs. During her life time, she held 2800 equity shares and despite due and diligent search made, no Will has been found. In order to collect the securities of the deceased, the Succession Certificate is necessary to the petitioners, being the only legal heirs of the deceased. The value of assets i.e., 2800 shares, in respect of which the succession certificate is required, is to the tune of Rs.30,38,000/-. There are no other next of kin to the deceased. Therefore, the petitioners have filed this petition.

3. After filing of this Original Petition, the petitioners were directed to effect paper publication and the same was also effected. No any objection was received from any party. Thereafter, the matter was posted for examination of witnesses and the evidence was recorded. On the side of the petitioners, they examined PW1 and marked Ex.P.1 to Ex.P.8.

4. This Court also perused the entire documents including the evidence. On a careful perusal of the evidence of PW1 and the documents Ex.P.1 to Ex.P8, they reveal that the petitioners are the legal heirs of the deceasedDr. Geetha Srinivasa Rao and thereby, the petitioners, being the surviving legal heirs, each are equally entitled for the value of assets of the deceased. Therefore, the petitioners are entitled to the Succession Certificate.

5. In view of the same, this Original Petition is allowed. The petitioners are each entitled to the 1/3 share in the value of the assets and a direction for grant of Succession Certificate in favour of the petitioners with power to collect the debts, securities and to receive the interest and dividends on and negotiate and transfer the securities specified in the Schedule, as applicable till the date of withdrawal, is issued.

18-02-2026 Index: Yes/No Speaking/Non-speaking order MJS APPENDIX:

List of Petitioner side Witnesses:

PW1 :

Dr. K. Srinivasa Rao List of Petitioner side Documents:

Exhibit No.

Date Description of Documents Ex.P.1.

- Original Share Certificate of Hatsun Agro Product Limited bearing Registered Folio No.10520 and Certificate No.251 standing in the name of Mrs. Geetha Srinivasa Rao.

Ex.P.2 - Original Share Certificate of Hatsun Agro Product Limited bearing Registered Folio No.10520 and Certificate No.1733 standing in

the name of Mrs. Geetha Srinivasa Rao.

Ex.P.3 04.12.2020 Certificate copy of the Share Certificate bearing Certificate No.4137 in respect of the share held by Mrs. Geetha Srinivasa Rao.

Ex.P.4.

04.12.2020 Certified copy of the Share Certificate bearing Certificate No.2929 in respect of the share held by Mrs. Geetha Srinivasa Rao.

Ex.P.5 - Computer generated Death Certificate of Dr. Geetha Srinivasa Rao.

Ex.P.6 - Certified copy of the Legal Heirship Certificate of Mrs. Geetha.

Ex.P.7.

- Certificate under Section 63(4)(C) of B.S.A. for electronic documents.

Ex.P.8 27.09.2025 Copy of the paper publication effected in one issue of Tamil daily "Makkal Kural".

18.02.2026

P.DHANABAL, J.

MJS 18-02-2026