Aruna Bahal v. Arati Roy

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 06.06.2025

CORAM

THE HONOURABLE MR.JUSTICE K.KUMARESH BABU Mrs.Aruna Bahal

...Petitioner

vs.

Mrs.Arati Roy

...Respondent

PRAYER: Original Petition filed under Section 372 of Indian Succession Act 1925 under Order XXV Rule 6 of O.S. Rules, prays that this Hon'ble Court may be pleased to issue the Succession Certificate to the petitioner with power to collect Debts and to receive the interest as specified in the Schedule hereto.

For Petitioner : Mr.L.Ramu For Respondents : Mr.Venkatesh.R

ORDER

The petitioner seeks Succession Certificate in respect of the securities held by Late D.Diralal Doss, who died intestate on 02.02.2023. The 1/5

petitioner and respondents are the daughters of the deceased. The wife of the deceased predeceased him.

2. The petitioner has examined herself as PW1. She has produced the computer generated death certificate of the deceased Diralal Doss and his wife as Ex.P1and Ex.P10 . The legal heirship certificate of the deceased as Ex.P2. A perusal of Ex.P2, shows that the petitioner and the respondent are the only legal heirs of the deceased Diralal Doss. A paper publication has been made and no objections have been received. 3.Mr.Venkatesh R., the learned counsel for the respondent submitted his no objection on behalf of the respondent 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. In these circumstances, the petitioner is entitled to the relief.

2/5

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 receive the interest and dividends mentioned in the schedule to the petition.

Index :Yes/No Petitioner's witness:

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

Exhibits Documents Ex.P1 Online copy of the Death Certificate of Diralal Doss (date of death 02.02.2023) document dated 24.02.2023. Ex.P2 Online copy of Legal Heir certificate of Diralal Doss dated 11.03.2023.

Ex.P3 Office copy of the Legal Notice sent to the post office dated 16.03.2023.

Ex.P4 Office copy of the Legal Notice sent to bank - IOB dated 16.03.2023.

Ex.P5 Office copy of the Legal Notice sent to bank - IOB dated 16.03.2023.

Ex.P6 Photocopy of the reply sent by the Sr.Superintendent of Post Offices, Chennai City South Division dated 3/5

23.03.2023. (Original produced, compared and returned.) Ex.P7 Photocopy of the Reply notice sent by Bank of Baroda dated 25.04.2023.(Original produced, compared and returned.) Ex.P8 Photocopy of the Aadhaar card of Dirlal Doss. Ex.P9 Photocopy of the Aadhaar card of the petitioner Aruna Bahal.(Original produced, compared and returned.) Ex.P10 Online copy of the Death Certificate of Anita Dass (Date of death 25.02.2019) document dated 06.03.2023.

4/5

K.KUMARESH BABU, J.

5/5