P.K.Sowmyanarayanan v. P.K.Vijayasarathy And 2 Others

IN THE HIGH COURT OF JUDICATURE AT MADRAS

Dated : 03.02.2025

CORAM:

THE HONOURABLE MR. JUSTICE K.KUMARESH BABU Original Petition No.53 of 2024 P.K Sowmyanarayanan ... Petitioner Vs

1. P.K.Vijayasarathy

2. Shoba Parthasarathy

3. P.K.Rajan .... Respondents Prayer:- This Original Petition has been filed under Sections 372 and 300 of Indian Succession Act (39) of 1925 r/w order XXV Rule 6 of the Original Side Rules to grant Succession Certificate to the petitioner with power to collect the debts and to receive interest and dividends on and negotiate and transfer the securities.

For petitioner : M/s.P.M.Hemalatha For Respondents : No appearance

ORDER

The petitioner seeks Succession Certificate in respect of the 1/4

securities held by Late Paranji Sudarsanam Kuppuswamy, who died intestate on 12.05.2001. The petitioner and the respondents are the sons and daughter of the deceased.

2. The petitioner has been examined as PW1. He has produced the death certificate of Late Paranji Sudarsanam Kuppuswamy, compared with original as Ex.P1 and the legal heirship certificate of the Late. Paranji Sudarsanam Kuppuswamy and Late.P.K.Saroja, who is wife of deceased, compared with the originals as ExP2 and ExP3 respectively. A perusal of ExP2 and ExP3 shows that the petitioner and the respondents are the only legal heirs of the late Paranji Sudarsanam Kuppurswamy. The first respondent has been examined as RW1. He has produced the consent affidavit given by the all three respondents as Ex.R1, Ex.R2 and Ex.R3. A paper publication has been made and no objections have been received.

3. In view of the above evidence, the Original Petition is allowed granting Succession Certificate in favour of the petitioner, in respect of the securities mentioned in the schedule to the petition. 2/4

03.02.2025 dpq Internet : Yes / No Index : Yes / No Petitioner's witness:

P.W.1 - Mr.P.K.Sowmyanarayanan Documents marked:

Exhibits Documents Ex.P.1 Photocopy of the death certificate of Mr.Paraji Sudarsanam Kuppuswamy (compared with the original) Ex.P.2 Photocopy of the legal heir ship certificate of Mr.Paraji Sudarsanam Kuppuswamy (compared with the original) Ex.P.3 Photocopy of the legal heir ship certificate of Mrs.P.K.Saroja (compared with the original) Ex.P.4 Photocopy of my Aadhaar card (compared with original) Ex.P.5 Copy of the letter dated 23.05.2022 received through e-mail by me from M/s.Link Intime Pvt Ltd along with certificate under Section 63 of BSA.

Ex.P.6 Copy of paper publication effected in one issue of Tamil daily "Makkal Kural" dated 06.07.2024.

03.02.2025 K. KUMARESH BABU, J.

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