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Madras High CourtOP/666/2022ordered

Padma Ariga v. Prashanth Narayanan Vinod

2025-03-11Honourable Mr Justice K.Kumaresh Babu4 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 11.03.2025

CORAM

THE HONOURABLE MR.JUSTICE K.KUMARESH BABU Mrs.Padma Ariga ... Petitioner vs.

Mr.Prashanth Narayanan Vinod ... Respondent PRAYER: Original Petition filed for Succession Certificate under Section 372 of the Indian Succession Act, 1925 read with under Order XXV Rule 6 of Original Side Rules, prays to grant a Succession Certificate to the petitioner with the power to collect the securities and to receive the interest, and dividends thereon and negotiate and transfer the securities morefully described in the Schedule hereto.

For Petitioner : Mr.T.V.Vineeth Kumar For Respondent : No Appearance

ORDER

The petitioner seeks Succession Certificate in respect of the securities held by Late Dr.Vinod Narayanan, who died intestate on 19.03.2019. The petitioner is the wife of the deceased and the respondent is the son of the deceased.

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2. The petitioner has examined herself as PW1. She has produced the computer generated death certificate of the deceased Dr.Vinod Narayanan as Ex.P1. The computer generated legal heir certificate of Dr.Vinod Narayanan as Ex.P2. A perusal of Ex.P2, shows that the petitioner and respondent are the only surviving legal heirs of the deceased Dr.Vinod Narayanan. A paper publication has been made and no objections have been received. The respondent inspite of service of notice on him, had kept himself away from the proceeding. The learned counsel for the petitioner submitted the consent affidavit of the respondent. 3.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.

4. 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.

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Gba Index :Yes/No Speaking: Yes/ No Petitioner's witness:

P.W.1 - Mrs.Padma Ariga Documents exhibited by the petitioner:

Exhibits Documents Ex.P1 Computer generated copy of the death certificate of Dr.Vinod Narayanan issued on 13.05.2019 Ex.P2 Computer generated copy of the legal heirship certificate of Dr.Vinod Narayanan dated 22.07.2019.

Ex.P3 Original half yearly consolidated account statement for the period from 01.10.2020 to 31.03.2021 of IDFC Mutual Fund Ltd., dated 30.09.2020.

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K.KUMARESH BABU,J.

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