Mrs.Nirmala Bai Mundhra v. Mr.Pankaj Mundhra And 2 Others
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 10.07.2025
CORAM
THE HONOURABLE MR.JUSTICE K.KUMARESH BABU Mrs.Nirmala Bai Mundhra
...Petitioner
vs.
1.Mr.Pankaj Mundhra 2.Mrs.Radhika Motha 3.Mrs.Aarti Surajratan Rathi
...Respondents
PRAYER: Original Petition filed under Section 372 of the Indian Succession Act read with order XXV Rule 6 of OS Rules, to issue certificate of succession to the petitioner with power to collect debts and to receive interests and dividends and negotiate and transfer securities belonging to the deceased Late.Mr.Sunderlal Mundhra mentioned in the schedule. For Petitioner : Mr.S.P.Siva Pradosh For Respondents : Mr.S.Subburaj(For R1 to R3) 1/5
ORDER
The petitioner seeks Succession Certificate in favour of the petitioner in respect of the debts held by Late Mr.Sunderlal Mundhra who died instestate on 19.05.2021. The petitioner is the wife and the respondents are the children of the deceased.
2. The petitioner has examined herself as PW1. She has produced the death certificate of the deceased as Ex.P2. The legal heir certificate of the deceased as Ex.P3. The photocopy of the Aadhar card of the petitioner as Ex.P1. A perusal of Ex.P3, shows that the deceased died leaving behind his wife, the petitioner and children, the respondents 1 to 3 as his surviving legal heirs of the deceased. The respondents filed consent affidavits to grant Succession Certificate in favour of the petitioner. The consent affidavits of the respondents were marked as Ex.C1 to Ex.C3.
3. The learned counsel for the respondents stated that the respondents have no objection to grant Succession Certificate in favour of the petitioner. 2/5
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.
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 debts and to receive the interests and dividends and negotiate and transfer securities mentioned in the schedule to the petition. Index :Yes/No Petitioner's witness:
P.W.1 - Mrs.Nirmala Bai Mundhra Documents exhibited by the petitioners:
Exhibits Documents Ex.P1 Photocopy of the Aadhar card of the petitioner Nirmala Bai Mundhra (Original produced, compared and returned) 3/5
Exhibits Documents Ex.P2 Online copy of the death certificate of Late Mr.Sunderlal Mundhra (Date of death 19.05.2021) dated 21.06.2021.
Ex.P3 Online copy of the legal heirship certificate of Late Mr.Sunderlal Mundhra, dated 01.09.2021.
Ex.P4 Photocopy of the Pan card of Nirmala Bai Mundhra. Ex.P5 Photocopy of the share investment certificates of Tata Steels (5Nos.), (Original produced, compared and returned) Ex.P6 Online copy of the proof of script hold in demat form. Ex.P7 Printout copy of the valuation on the date of filing. Ex.C1 Original affidavit of consent by R1 Mr.Pankaj Mundhra.
Ex.C2 Original affidavit of consent by R2 Radhika Mohta. Ex.C3 Original affidavit of consent by R3 Aarti Surajratan Rathi.
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K.KUMARESH BABU, J.
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