Mrs. Sridevi And 2 Others v. Mr. R. Dhiraj

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 25.08.2025

CORAM

THE HONOURABLE MR.JUSTICE K.KUMARESH BABU 1.Mrs.Sridevi 2.Mr.S.Vishal S/o.(Late) R.Satish 45, Albany Avenue, Glasgow G32 0HH, United Kingdom.

Represented by his Power of Attorney, Mrs.Sridevi, Wife of (Late) R.Satish, No.32, Kohinoor Complex, East Coast Road, Vettuvakeni, Injambakkam, Kancheepuram, Tamil Nadu - 600 115.

3.Mr.S.Vischit

...Petitioners

vs.

1.Mr.R.Dhiraj

...Respondent

PRAYER: Original Petition filed under Section 372 of the Indian Succession Act XXXIX of 1925 read with Order XXV Rule 6 of the O.S.Rules, praying to grant Succession Certificate to the 1st petitioner (viz.) Mrs.Sridevi with a power to collect the share of debts and securities and to receive the interest and dividends on and to negotiate and transfer the securities specified in the schedule "B" hereto and thus render justice.

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For Petitioners : Mr.K.R.Ramesh Kumar For Respondent : No appearance (Served)

ORDER

The petitioners seek Succession Certificate in favour of the 1st petitioner in respect of the debts and securities held by Mr.G.Rangakumar, who died intestate on 30.12.2022. The petitioners 1 to 3 are the legal heirs one Mr.R.Sathish, who is predeceased son of above said Late.Mr.R.Rangakumar. The sole respondent is the only surviving son of the deceased. The 2nd petitioner has been represented by his Power of Attorney, the 1st petitioner herein.

2. The petitioners submit that the deceased Late.Mr.R.Rangakumar was married to one Mrs.Lata RangaKumar who predeceased her husband on 18.02.2014 and the couple had begotten one Mr.R.Sathish and the sole respondent as their children out of the said wedlock. The above said Mr.R.Sathish, who is the son of the deceased died on 28.02.2022, predeceasing his father and leaving behind his wife and his two sons, the petitioners 1 to 3 herein as his only legal heirs. The petitioners contend that as the legal heirs of the predeceased son of Late.Mr.G.Rangakumar, they are jointly entitled to 1⁄2 share of the debts and securities of the deceased listed under the Schedule 'A' as mentioned in the Schedule 'B' 2/7

of the petition. Accordingly as the only surviving son of the deceased, the sole respondent is entitled to the remaining 1⁄2 share of the debts and securities mentioned in the Schedule 'A' of the petition.

3. The first petitioner has been examined as PW1. She has produced 24 documents to support her depositions which are listed as Ex.P1 to Ex.P24 at the foot of the order. The printouts of the death certificate and the legal heirship certificate of the deceased Late.Mr.R.Rangakumar have been marked as Ex.P17 and Ex.P19 respectively. The printout of the death certificate of Late.Mrs.Lata Rangakumar, the wife of the deceased has been marked as Ex.P18. The printouts of the death certificate and the legal heirship certificate of Late.Mr.R.Sathish, the predeceased son of the deceased have been marked Ex.P20 and Ex.P21. The Deed of General Power of Attorney executed by the 2nd petitioner has been marked as Ex.P22. The perusal of Ex.P21 clearly shows that the petitioners 1 to 3 are sole legal heirs of the Late.Mr.R.

Sathish and subsequently perusal of the Ex.P19 proves that the Late.Mr.R.Sathish is the predeceased son of the deceased Late.Mr.G.Rangakumar and the respondent is the only surviving son of the deceased. The Ex.P19 and Ex.P21 further substantiates the claims made in the petition, that as the sole legal heirs of the Late.Mr.R.

debts and securities held by the deceased Late.Mr.R.Rangakumar, as specified in the schedule 'B' of the petition. A paper publication has been effected which are marked as Ex.P23 and Ex.P24 and no objections have been received for the same.

4. The service of notice upon the sole respondent has been completed vide the substituted mode of paper publication as allowed in the application A.No.326 of 2025 vide order dated 03.03.2025. Inspite of the service been completed upon the respondent, he chose to keep himself away from the proceedings.

5. 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.

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 securities and to receive the interest and dividends on and to negotiate and transfer the securities specified in the Schedule 'B' to the petition.

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Index :Yes/No Petitioner's witness:

P.W.1 - Mrs.Sridevi Documents exhibited by the petitioners:

Exhibits Documents Ex.P1 Photocopy of the KV Bank Term Deposit Certificate Advice No.H772830 dated 19.04.2014.

Ex.P2 Photocopy of the KV Bank Term Deposit Certificate Advice No.I622861 dated 11.10.2014.

Ex.P3 Photocopy of the KV Bank Term Deposit Certificate Advice No.I623673 dated 30.10.2014.

Ex.P4 Photocopy of the KV Bank Term Deposit Certificate Advice No.I824357 dated 05.06.2015.

Ex.P5 Photocopy of the KV Bank Term Deposit Certificate Advice No.I824358 dated 05.06.2015.

Ex.P6 Photocopy of the KV Bank Term Deposit Certificate Advice No.K638365 dated 06.05.2017.

Ex.P7 Photocopy of the KV Bank Term Deposit Certificate Advice No.K638366 dated 06.05.2017.

Ex.P8 Photocopy of the KV Bank Term Deposit Certificate Advice No.K889114 dated 17.06.2017.

Ex.P9 Photocopy of the KV Bank Term Deposit Certificate Advice No.K889115 dated 17.06.2017.

Ex.P10 Photocopy of the KV Bank Term Deposit Certificate Advice No.K889116 dated 17.06.2017.

Ex.P11 Photocopy of the KV Bank Term Deposit Certificate Advice No.K889117 dated 17.06.2017.

Ex.P12 Photocopy of the KV Bank Term Deposit Certificate Advice No.K889118 dated 17.06.2017.

Ex.P13 Photocopy of the KV Bank, Ashok Nagar Branch Savings Account No.1278155000096336.

Ex.P14 Photocopy of the Nippon India Vision Fund - Growth Plain Growth Option Folio Number 41292007111 dated 03.10.2022.

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Exhibits Documents Ex.P15 Photocopy of the Nippon India Vision Fund - IDCW Plan Folio Number 41286097196 dated 03.10.2022.

Ex.P16 Photocopy of the Kotak Global Emerging Market Fund - IDCW, Folio Number 3180770/2017 dated 25.08.2022. Ex.P17 Printout of the Death Certificate of Dr.G.Rangakumar dated 12.01.2023(Certificate u/s 65B of I.E.Act produced) Ex.P18 Printout of the Death Certificate of Mrs.Lata Rangakumar dated 15.03.2022(Certificate u/s 65B of I.E.Act produced) Ex.P19 Printout of the Legal Heir Certificate of Dr.G.Rangakumar dated 22.09.2023 (Certificate u/s 65B of I.E.Act produced) Ex.P20 Printout of the Death Certificate of R.Satish dated 10.03.2022(Certificate u/s 65B of I.E.Act produced) Ex.P21 Printout of the Legalheir Certificate of R.Satish dated 28.03.2022.(Certificate u/s 65B of I.E.Act produced) Ex.P22 Deed of General Power of Attorney dated 22.07.2024. Ex.P23 Copy of the paper publication issued in Tamil Daily Malai Malar dated 08.03.2025.

Ex.P24 Copy of the paper publication issued in Tamil Daily Malai Malar dated 22.04.2025.

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K.KUMARESH BABU,J.

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