K.T. Jayashree Nambiar v. K.T. Devika Nambiar And 4 Others

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 29.04.2025

CORAM

THE HONOURABLE MR.JUSTICE K.KUMARESH BABU K.T.Jayashree Nambiar

...Petitioner

vs.

1.K.T.Devika Nambiar 2.K.T.Shobana Nair 3.K T Rajendran Nambiar 4.K T Govindan Nambiar 5.K T Shailesh Nambiar

...Respondents

PRAYER: Original Petition filed under Section 372 of the Indian Succession Act 1925 and ORDER XXV Rule 6 of O.S. Rules, prays that the petitioner may be granted a Succession Certificate with power to collect securities and to receive interest, dividends thereon and negotiate and transfer the securities specified in the schedule hereunder. For Petitioner : M/s.A.Arokia Sathessh For Respondents : Mr.N.Ranganathan

ORDER

The petitioners seek Succession Certificate in respect of the securities held by Late.Mrs.K.T.Jayalakshmi, who died intestate on 26.09.2003. The 1/5

petitioner and the respondents are the children of the deceased.

2. The petitioner has been examined as PW1. She has produced the photocopy of the death certificate of the deceased Late.Mrs.K.T.Jayalakshmi as Ex.P3. The legal heirship certificate of the deceased has been marked as Ex.P4. The respondents 1 to 5 have expressed their consent to grant the succession certificate in favour of the petitioner and their respective consent affidavits had been filed along with the petition. The learned counsel for the respondents 1 to 5 have appeared on behalf of them and has reiterated their consent affidavits. A perusal of Ex.P4 shows that the petitioner and the respondents are the only legal heirs of the deceased Late.Mrs.K.T.Jayalakshmi. A paper publication has been made which is marked as Ex.P15 and no objections have been received for the same.

3. The assertions in the petition have been duly proved by adducing oral evidence supported by documents. In these circumstances, the petitioner is entitled to the relief.

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4. 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 and negotiate and transfer securities mentioned in the schedule to the petition. Index :Yes/No Petitioner's witness:

P.W.1 - Mrs.K.T. Jayashree Nambiar Documents exhibited by the petitioner:

Exhibits Documents Ex.P1 Photocopy of the Death Certificate of K.T.Gopalakrishnan Nambiar dated 14.08.1997.

Ex.P2 Photocopy of the Legal Heirs Certificate of K.T.Gopalakrishnan Nambiar dated 26.04.2019.

Ex.P3 Photocopy of the Death Certificate of K.T.Jayalakshmi dated 29.09.2003.

Ex.P4 Photocopy of the Legal Heirs Certificate of K.T.Jayalakshmi dated 14.01.2004.

Ex.P5 Original Letter dated 15.03.2019 from TSR DARASHAW CONSULTANTS PRIVATE LTD.

Ex.P6 Downloaded copy of the Email communication dated 04.05.2024. (along with Affidavit under Section 65 B of the Indian Evidence Act filed and recorded) Ex.P7 Original Letter from Link Intime India Pvt.Ltd dated 08.05.2024.

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Ex.P8 Photocopy of the PAN Card of the petitioner.

Ex.P9 Photocopy of the Aadhar card of the petitioner. Ex.P10 Photocopy of the Aadhar card of the 1st respondent. Ex.P11 Photocopy of the Aadhar card of the 2nd respondent. Ex.P12 Photocopy of the Aadhar card of the 3rd respondent. Ex.P13 Photocopy of the Aadhar card of the 4th respondent. Ex.P14 Photocopy of the Aadhar card of the 5th respondent. Ex.P15 Original copy of the Paper Publication dated 27.02.2025. Respondents side : No cross K.KUMARESH BABU, J.

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