N.Gunavethi v. G.Dharmambal And 2 Others

IN THE HIGH COURT OF JUDICATURE AT MADRAS

Dated: 17.07.2025

CORAM:

THE HONOURABLE MR.JUSTICE K. KUMARESH BABU N. Gunavethi ... Petitioner Vs.

1.G. Dharmambal 2.K.N. Dharni Sakthi 3.R.G.N.Pranav ... Respondents PRAYER: Original Petition is filed under Section 372 of Indian Succession Act, 1925 r/w. Order XXV, Rule 6 of Original Side Rules, prays that a Succession Certificate may be granted to the petitioner with power to collect the securities and to receive interest and dividends on and negotiate and transfer the securities specified in the schedule. For Petitioner : Mr. E. Senthilkum for M/S. Sampath Kumar & Associates For Respondents : Mr. M. Arun Kumar

O R D E R

The petitioner seeks Succession Certificate in favour of the petitioner in respect of the securities held by Late.M.R.G.Naghesen who died intestate on 26.09.2019. The petitioner is the wife and the respondents are the mother and children of the deceased.

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2. The petitioner has examined herself as PW1. She has produced the death certificate of the deceased as Ex.P1. The legal heir certificate of the deceased as Ex.P2. A perusal of Ex.P2, shows that the deceased died leaving behind his wife, the petitioner, his mother, the first respondent and his children, the respondents 2 and 3 as his surviving legal heirs of the deceased. The paper publication was made and marked as Ex.C1. The respondents filed consent affidavits to grant Succession Certificate in favour of the petitioner.

3. The learned counsel for the respondents stated that the respondents have no objection to grant Succession Certificate in favour of the petitioner.

4. The assertions in the petition have been duly proved by adducing oral evidence supported by documents. The respondents also expressed no objection to grant Succession Certificate in favour of the petitioner. In these circumstances, the petitioner is entitled to the relief. 2/4

5. 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 to receive the interests and dividends and negotiate and transfer securities mentioned in the schedule to the petition. 17.07.2025 Index :Yes/No AT List of witnesses examined on the side of the petitioner: PW1- Mrs. N. Gunavathi List of documents marked on the side of the petitioner: Ex.P1 Online copy of the death certificate of M.R.G.Naghesen (date of death 26.09.2019), dated 10.10.2019.

Ex.P2 Online copy of the legal heirship certificate of M.R.G.Naghesen, dated 24.10.2019.

Ex.P3 Photocopy of the share certificates issued by D.Agarwals Eye Hospital Limited, dated 21.03.1995 (7 Nos).

Ex.P4 Photocopy of the reply received from Integrated Registry Management Services Private Limited (RTA) dated 10.05.2024. Ex.C1 Paper publication of the Tamil edition "Makkal Kural" dated 10.05.2025.

17.07.2025 AT 3/4

K.KUMARESH BABU,J.

AT 17.07.2025 4/4