Subramaniam Suresh And 2 Others v. No Respondent
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 15.09.2025 CORAM :
THE HONOURABLE MR.JUSTICE P.DHANABAL
1. Subramaniam Suresh S/o. Late K.S. Subramaniam
2. Subramaniam Lakshmi D/o. Late K.S. Subramaniam
3. Girija Venkatesan W/o. Venkatesan ... Petitioners PRAYER: Original Petition is filed under Section 372 of the Indian Succession Act of 1925 read with Order XXV Rule 6 of the Original Side Rules praying to grant Succession Certificate to the petitioners with power to collect the securities and to receive the interest and dividends on and negotiate and transfer the securities specified in the Schedule. For Petitioners :
Mr. Pawan Jhabakh
ORDER
This petition has been filed by the petitioners praying to grant Succession Certificate under Section 372 of the Indian Succession Act read Page No.1 of 7
with Order XXV Rule 6 of the Original Side Rules.
2. According to the petitioners, they are son and daughters of deceased Mrs. Annammal W/o. Late K.S. Subramaniam. The deceased Annammal died on 27.11.2019 leaving the petitioners behind her as surviving legal heirs and after the demise of the deceased, the petitioners are the Class I Legal Heirs to suceed her estates. The deceased owned assets interalia by way of shares of ICICI Bank Limited, in DP Account No.14118667 at M/s. HDFC Bank Limited, R.K. Salai Branch in ISIN No.INE090A01021 valuign approximately at Rs.30,75,636.30 as on 13.02.2024. The deceased had not sold any of the shares and the same is still in the aforementioned account. The father of the petitioners is also nomore. Since the petitioners are the only legal heirs of the assets and in order to transfer the above said shares in their favour, the Succession Certificate is necessary to them. Therefore, they have filed this petition.
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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.P11.
4. This Court also perused the entire documents including the evidences. On a careful perusal of the evidence of PW1 and the documents Ex.P.1 to Ex.P11, they reveal that the petitioners are the legal heirs of the deceased Annammal and during her lifetime, she had purchased the schedule mentioned property and thereafter, she died intestate, thereby, the petitioners, being the surviving legal heirs, are entitled to get those shares. The petitioners are each entitled eqully to 1/3 share over the value of the shares. Therefore, they are entitled to the Succession Certificate.
5. In view of the same, this Original Petition is allowed. The Page No.3 of 7
petitioners are each entitled to 1/3 share of the value of the shares and a direction for grant of Succession Certificate in favour of the petitioners with power to collect their 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. 15.09.2025 Index :
Yes/No Speaking Order :
Yes/No mjs List of Petitioner side Witnesses:
PW1 :
Mr. S. Subramaniam Suresh S/o. Late K.S. Subramaniam List of Petitioner side Documents:
Exhibit No.
Date Description of Documents Page No.4 of 7
Ex.P.1.
04.02.2020 Print out of the Death Certificate of Smt. Annammal.
Ex.P.2 18.11.2020 Photocopy of the Death Certificate of K.S. Subramaniam.
Ex.P.3 17.08.2021 Photocopy of the Legal Heir Certificate of K.S. Subramaniam.
Ex.P.4. 13.02.2024 Photocopy of the Statement of Holding issue by HDFC.
Ex.P.5 09.03.2024 Photocopy of the Power of Attorney executed by the 2nd petitioner in favour of 1st petitioner. Ex.P.6 - Photocopy of the Aadhar card of the 1st petitioner.
Ex.P.7.
- Photocopy of the Certificate of Registration Overseas Citizen of India of the 2nd petitioner. Ex.P.8.
- Photocopy of the Aadhar card of the 3rd petitioner.
Ex.P.9.
- Photocopy of the PAN card of the 1st petitioner.
Ex.P.10 - Photocopy of the PAN card of the 3rd petitioner.
Ex.P.11 - Photocopy of the Passport of the 2nd petitioner.
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P.DHANABAL.,J mjs Page No.6 of 7
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