Mrs.Alice Pappammal And Ten Others v. No Respondent
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 09.04.2025
CORAM
THE HONOURABLE MR.JUSTICE K.KUMARESH BABU 1.Mrs.Alice Pappammal 2.Mrs.Joyce Jeyarani Asirvatham 3.Mr.Sundar Kingsley.V.
4.Mr.Livingstone Jothikumar Nallathambi 5.Mrs.Benita Samuel 6.Mrs.Edna Elizabeth.N 7.Mrs.Kasthuri Bai 8.Mrs.Anita Kamalabai 9.Mr.Stanley Jothi Raj 10.Mrs.Stela Pauline Punitha 11.Mr.Lawrence Swami Doss
...Petitioners
PRAYER: Original Petition filed under Section 372 of the Indian Succession Act 1925 read with Order XXV Rule 6 of O.S.Rules, prays that a Succession Certificate may be granted to Mr.Lawrence Swami Doss 11th petitioner with power to collect the debts/securities and to receive the interest and dividends on and negotiate and transfer the securities/debts specified in the schedule hereto.
For Petitioners : Mr.R.D.Ashok 1/7
ORDER
The petitioners seek Succession Certificate in respect of the securities held by Late.N.Paranjothi Muthiah @ N.P.Muthiah, who died intestate on 06.10.1970. The 1st petitioner is daughter of the testator, the 2nd and 3rd petitioners are the legal heirs of Late.Mrs.D.Victor who is the deceased daughter, the 4th, 5th and 6th petitioners are the legal heirs of Late.Mr.Edwin Nallathambi the deceased son, the 7th, 8th, 9th ,10th and 11th petitioners are the legal heirs of the Late.Mr.John Vicent who is the another deceased son. The deceased's wife Late.Mrs.Paripooranam Muthiah died on 24.03.1993 and another daughter Late.Ms.May Kamalabai Victoria died as a spinster on 30.08.1994.
2. The 11th petitioner has been examined as PW1. He has produced the photocopies of the death certificates of the wife of the Late.Mrs.Paripooranam, Late.Mrs.D.Victor the daughter, Late.Ms.May Kamala Bai Victoria the another daughter, Late.Mr.Edwin Nallathambi the son, Late.Mr.John Vincent the another son as Ex.P1, Ex.P4, Ex.P5, Ex.P7, 2/7
Ex.P8 and Ex.P11 respectively. The legal heirship certificates of the following, Late.Mrs.D.Victor, Late.Mr.Edwin Nallathambi and Late.Mr.John Vincent are marked as the following Ex.P3, Ex.P6, Ex.P9 and Ex.P12. Ex.P3 shows that the 1st petitioner is the only surviving daughter; Ex.P6 shows that the 2nd and 3rd petitioners are the only surviving legal heirs of the Late.Mrs.D.Victor who is the daughter of the deceased; Ex.P9 shows that the 4th, 5th and 6th petitioners are the only surviving legal heirs of Late.Mr.Edwin Nallathambi who is the son of the deceased and the Ex.P12 shows that the 7th, 8th, 9th, 10th and 11th petitioners are the only surviving legal heirs of Late.Mr.John Vincent who is the another son of the deceased. The general paper publication has been made and no objections have been received for the same.
3. The assertions in the petition have been duly proved by adducing oral evidence supported by documents. In these circumstances, the 11th petitioner is entitled to the relief.
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4. In view of the above evidence, the Original Petition is allowed granting Succession Certificate in favour of the 11th petitioner, with the power to collect the securities and receive the interest and dividends on and negotiate and transfer the securities mentioned in the schedule to the petition. 09.04.2025 kak Index :Yes/No Petitioner's witness:
P.W.1 - Mr.J.Lawrence Swami Doss Documents exhibited by the petitioners:
Exhibits Documents Ex.P1 Photocopy of the Death certificate of N.Paranjothi dated 06.10.1970. (original produced compared and returned) Ex.P2 Photocopy of the Name Co-Relation Certificate issued by Revenue Inspector, Poolam dated 13.10.1981.(Original produced compared and returned) Ex.P3 Photocopy of the Legal heir certificate No.TN720240213919 of Late N.Paranjothi Muthiah dated 02.03.2024 (Computerized copy produced compared and returned) Ex.P4 Photocopy of the Death certificate of Mrs.Paripooranam Muthiah dated 04.08.1993 (original produced compared 4/7
and returned) Ex.P5 Photocopy of the Death Certificate of Mr.D.Victor dated 05.06.2009.(original produced compared and returned) Ex.P6 Photocopy of the Legal heir certificate No.TN7202403271452 of late Mrs.D.Victor dated 06.05.2024.(computerized copy produced compared and returned) Ex.P7 Photocopy of the Death Certificate of Ms.May Kamal Bai Victoria dated 28.04.2024(original produced compared and returned) Ex.P8 Photocopy of the death certificate of Edwin Nallathambi dated 18.11.2020(original produced compared and returned) Ex.P9 Photocopy of the Legal Heir Certificate No.TN7202107012857 of Edwin Nallathambi dated 07.07.2021 (Computerized copy produced compared and returned) Ex.P10 Photocopy of the Death certificate of Glory P.Nallathambi dated 10.04.2023.(original produced compared and returned) Ex.P11 Photocopy of Death certificate of John Vincent dated 08.06.2020.
Ex.P12 Photocopy of Legal Heir Certificate No.TN-720200609779 of John Vincent dated 14.07.2020 (Computerized copy produced compared and returned) Ex.P13 Photocopy of Share certificate No.559 of Tamil Nadu Mercantile Bank Ltd., dated 08.09.1922 (Original produced, compared and returned) Ex.P14 Photocopy of Share certificate No.735 of Tamil Nadu Mercantile Bank Ltd., dated 01.09.1924 (original produced compared and returned) Ex.P15 Photocopy of Letter issued by Tamil Nadu Mercantile Bank Ltd dated 19.05.2021.
Ex.P16 Photocopy of Letter issued by Tamil Nadu Mercantile Bank 5/7
Ltd., dated 15.03.2024. (Original produced compared and returned) Ex.P17 Photocopy of Letter issued by Link Intime India Pvt Ltd dated 08.04.2024.
Ex.P18 Downloaded copy of E-mail from Tamil Nadu Mercantile Bank dated 12.09.2024.
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K.KUMARESH BABU, J.
kak 09.04.2025 7/7