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Madras High CourtOP/133/2024ordered

Vyjayanthi Shrinivas And Another v. No Respondent

2025-07-04Honourable Mr.Justice K.Kumaresh Babu6 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 04.07.2025

CORAM

THE HONOURABLE MR.JUSTICE K.KUMARESH BABU 1.Vyjayanthi Shrinivas 2.Shreya Shrinivas ... Petitioners PRAYER: Original Petition filed for Succession Certificate under Section 372 of the Indian Succession Act Read with Order XXV Rule 6 of the High Court of Judicature at Madras in Original Jurisdiction for Succession Certificate to be granted in favour of the 1st petitioner with power to collect the debts and receive the interest and dividend thereon and negotiate and transfer the securities belonging to the deceased Mr.Shrinivas Gopalan under Part X of the Indian Succession Act, 1925. For Petitioners : Mr.Manoj Sreevalsan

ORDER

The petitioners seek Succession Certificate in favour of the 1st petitioner in respect of the debts and securities held by Late Mr.Shrinivas Gopalan, who died intestate on 03.05.2021. The 1st petitioner is the wife of 1/6

the deceased and the 2nd petitioner is the daughter of the deceased.

2. The 1st petitioner submits that she had got married to one Mr.Shrinivas Gopalan, herein the deceased and the couple had begotten the 2nd petitioner as their daughter in the duration of their marriage. She also states that the parents of the deceased had already predeceased him. Therefore the both the petitioners are the only surviving legal heirs of the deceased.

3. It is pertinent to note that during the filing of this original petition the 2nd petitioner was a minor and she was represented by her mother and natural guardian, the 1st petitioner herein. As the 2nd petitioner attained the age of majority, the 1st petitioner had filed two applications under this original petition before this Honble Court. The Application No. 2462 of 2025 was filed praying to declare the 2nd petitioner as a major and the Application No.2461 of 2025 was filed praying to discharge the 1st petitioner as the guardian of the 2nd petitioner in this original petition. The Application No. 2462 of 2025 and Application No.2461 of 2025 were ordered as prayed for vide their respective orders both dated 04.07.2025.

4. The first petitioner had examined herself as PW1, she had produced 2/6

8 documents which are listed as Ex.P1 to Ex.P8 at the foot of the order. She had produced the computer generated death certificate of the deceased as Ex.P1. The computer granted legal heirship certificate of the deceased has been marked as Ex.P3. The perusal of Ex.P3 clearly proves that the both the 1st and 2nd petitioners are the only legal heirs of the deceased, Late Mr.Shrinivas Gopalan. The general paper publication has been effected which is marked as Ex.P8 and no objections had been received for the same.

5. The assertions in the petition have been duly proved by adducing oral evidence supported by documents. In these circumstances, the 1st petitioner is entitled to the relief.

6. In view of the above evidence, the Original Petition is allowed granting Succession Certificate in favour of the 1st petitioner, with the power to collect the debts and receive the interest and dividends thereon and negotiate and transfer the securities mentioned in the schedule to the petition.

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Index :Yes/No Speaking: Yes/ No 4/6

Petitioner's witness:

P.W.1 - Mrs.Vyjayanthi Shrinivas Documents exhibited by the petitioner:

Exhibits Documents Ex.P1 Computer generated death certificate of Mr.Shrinivas Gopalan Ex.P2 Computer generated death certificate of Mrs.G.Indira Ex.P3 Computer generated legal heir ship certificate of Mr.G.Srinivas Ex.P4 Computer generated statement given by ICICI Bank bearing A/c.No.000901509718, dated 30.06.2023 in respect of account held by Mr.G.Srinivas.

Ex.P5 (Series 4 Nos) are the online printouts of SBI savings and fixed deposit bearing A/c.No.20109458663 and bearing A/c.No.32234501107 as on 30.06.2023 standing in the name of Mr.Shrinivas Gopalan Ex.P6 Original statement of accounts as on 24.07.2023 issued by ICICI Securities Ltd., Chennai in respect of shares and securities held by Mr.G.Shrinivas bearing DP ID No.IN302902 and Client ID No.42929298.

Ex.P7 Certificate under Section 65 B of the Indian Evidence Act, 1872.

Ex.P8 Copy of the paper publication effected in one issue of Tamil Daily "Makkal Kural", dated 11.11.2024.

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K.KUMARESH BABU,J.

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