M.Balasubramanian And 3 Others v. No Respondent
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 13.03.2025
CORAM
THE HONOURABLE MR.JUSTICE K.KUMARESH BABU 1.M.Balasubramanian 2.Kamala Muthukumar 3.Rajan Muthukumar Sivaraj 4.Vasanthi Chandhiramouli ... Petitioners PRAYER: Original Petition filed for Succession Certificate under Section 372 of the Indian Succession Act, 1925 read with under Order XXV Rule 6 of Original Side Rules, prays to grant a Succession Certificate to the petitioners with the power to collect the debts and to receive the interest and dividends on and negotiate and transfer the securities specified in the schedule hereto.
For Petitioner : Ms.G.Vardini Karthik
ORDER
The petitioners seek Succession Certificate in favour of the first petitioner in respect of the securities held by Late Muthukumar Natesier, who died intestate on 17.03.2023. The petitioners are the wife and children 1/5
of the deceased.
2. The first petitioner has been examined as PW1. He has produced the original death certificate of the deceased Muthukumar Natesier as Ex.P1. The legal heirship certificate of the deceased as Ex.P2. A perusal of Ex.P2, shows that the petitioners are the only surviving legal heirs of the deceased Muthukumar Natesier.
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 relief.
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.
Index :Yes/No Speaking: Yes/ No 2/5
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Petitioner's witness:
P.W.1 - Mr.M.Balasubramanian Documents exhibited by the petitioner:
Exhibits Documents Ex.P1 Original death certificate of Late Mr.Muthukumar Natesier dated 17.03.2023.
Ex.P2 Original legal heir certificate dated 02.08.2023 Ex.P3 Original floating rate savings bonds 2020 (Taxable) dated 03.09.2022.
Ex.P4 Original letter from bank insisting for succession certificate dated 15.09.2023.
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K.KUMARESH BABU,J.
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