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Madras High CourtOP/189/2025ordered

S.Uma v. S.Bhargav And Another

2025-07-29Honourable Mr.Justice K.Kumaresh Babu4 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 29.07.2025

CORAM

THE HONOURABLE MR.JUSTICE K.KUMARESH BABU S.Uma

...Petitioner

vs.

1.S.Bhargav 2.S.Vignesh

...Respondents

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

For Petitioner : Mr.K.Kumar For Respondents : No appearance

ORDER

The petitioners seek Succession Certificate in respect of the securities held by Mr.R.Sundaresh, who died intestate on 03.04.2022. The petitioner is the wife and the respondents 1 and 2 are the sons of the deceased. The petitioner submits that parents of the above said deceased Late.Mr.R.Sundaresh had already predeceased him. Therefore the petitioner 1/4

along with the respondents 1 and 2 are the only legal heirs of the deceased.

2. The petitioner has been examined as PW1, she had produced 8 documents to support her deposition which are listed as Ex.P1 to Ex.P6 and Ex.C1 and Ex.C2. The online copy of the legal heirship certificate of the deceased has been marked as Ex.P3. The death certificate of the deceased has been marked as Ex.P2. The photocopies of Aadhar card of the petitioner and the respondents 1 and 2 have been marked as Ex.P4, Ex.P5 and Ex.P6. The Ex.P3 substantiates that the petitioner and the respondents 1 and 2 are the only legal heirs of the deceased.

3. The respondents 1 and 2 have expressed their consent to grant the Succession Certificate in favour of the petitioner and their respective consent affidavits have been marked as Ex.C1 and Ex.C2.

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.

5. In view of the above evidence, the Original Petition is allowed 2/4

granting Succession Certificate in favour of the petitioner, with the power to collect the debts/securities and to receive the interest specified in the schedule to the petition.

29.07.2025 kak Index :Yes/No Petitioner's witness:

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

Exhibits Documents Ex.P1 Online copy of the statement of Accounts of Late R.Sundaresh, dated 01.06.2024.

Ex.P2 Online copy of the death certificate of Late R.Sundaresh (Date of death 03.04.2022) dated 12.04.2022.

Ex.P3 Online copy of the legal heirship certificate of Late.R.Sundaresh dated 25.05.2022.

Ex.P4 Photocopy of the aadhar card of the petitioner S.Uma (Original compared, verified and returned) Ex.P5 Photocopy of the aadhar card of the first respondent S.Bhargav. (Original compared, verified and returned) Ex.P6 Photocopy of the aadhar card of the second respondent S.Vignesh (Original compared, verified and returned) Ex.C1 Consent affidavit of the first respondent S.Bhargav. Ex.C2 Consent affidavit of the second respondent S.Vignesh. 29.07.2025 kak K.KUMARESH BABU, J.

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