M.Muni Krishnan And Another v. No Respondent
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 30.07.2025
CORAM
THE HONOURABLE MR.JUSTICE K.KUMARESH BABU 1.M.Muni Krishnan 2.G.Jayashree
...Petitioners
PRAYER: Original Petition filed under Section 372 and Part X of the Indian Succession Act 1925 Read with Order XXV Rule 6 of theRules of Madras High Court Original Side Rules, 1956, praying 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.
For Petitioners : Mr.K.Koushik
ORDER
The petitioners seek Succession Certificate in respect of the securities held by Mr.M.Muni Sundar Singh, who died intestate on 20.05.2021. The petitioners 1 and 2 are the brother and sister of the deceased respectively.
2. The petitioner submits that the deceased had gotten married to one Mrs.Padma Sundar Singh and the couple did not have any issues in the duration of their marriage. The petitioner further submits that the parents of 1/5
the deceased had already predeceased him, thereby leaving behind the petitioners as the only legal heirs of the deceased
3. The first petitioner has been examined as PW1 and he produced 9 documents to support his deposition, which are listed as Ex.P1 to Ex.P9 at the foot of the order. The computer generated copy of the death certificates of the deceased and the wife of the deceased are marked as Ex.P3 and Ex.P4. The photocopy of the judgment and decree in OS.No.7344 of 2021 dated 05.08.2022 has been marked as Ex.P5 and Ex.P6. Under Ex.P5 and Ex.P6 the petitioners 1 and 2 have been declared as Class-II legal heirs of the deceased. The general paper publication has been made which has been marked as Ex.P9 and no objections have been received.
4. 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.
5. 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 debts/securities and to receive the interest and dividends on and negotiate and transfer the securities mentioned in the schedule to the petition. 2/5
Index :Yes/No Petitioner's witness:
P.W.1 - Mr.M.Muni Krishnan Documents exhibited by the petitioners:
Exhibits Documents Ex.P1 Photocopy of the Aadhar Card of P.W.1.(Original is produced, compared and returned to the petitioner's counsel) Ex.P2 Photocopy of the Aadhar Card of the 2nd petitioner.(Original is produced, compared and returned to the petitioner's counsel) Ex.P3 Computer generated copy of the death certificate of Late Mr.M.Muni Sundar Singh who died on 20.05.2021. Ex.P4 Computer generated copy of the death certificate of Late Mrs.Padma Sundar Singh who died on 28.05.2021. Ex.P5 Photocopy of the judgment in OS.No.7344 of 2021 dated 05.08.2022.
Ex.P6 Photocopy of the Decree in OS.No.7344 of 2021 dated 05.08.2022.
Ex.P7 Photocopy of the statement of Savings Account bearing No.4161766614 dated 12.04.2024.(Original is produced, compared and returned to the petitioner's counsel) Ex.P8 Photocopy of the Statement of Term Deposit Account bearing No.4171154586 dated 12.04.2024.Photocopy of the Aadhaar Card of the 3rd petitioner.(Original is produced, compared and returned to the petitioner's counsel) Ex.P9 One issue of Paper publication in Tamil Daily "Dhina Kural" dated 20.04.2025.
Affidavit under Section 65B of Indian Evidence Act is filed 3/5
for Ex.P3 and Ex.P4.
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K.KUMARESH BABU, J.
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