Arun Sundararajan v. No Respondent

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 27.04.2023

CORAM

THE HONOURABLE MR.JUSTICE K.KUMARESH BABU Arun sundararajan ... Petitioner PRAYER: Original Petition filed for Succession Certificate under Section 372 of Indian Succession Act, 1925 under Order XXV Rule 6 of Original Side Rules, prays that a Succession Certificate may be granted in favour of the Petitioner with powers to collect and encash the securities and to receive the interest and dividends on and negotiate and transfer the securities as specified in the schedule annexed hereto.

For Petitioner : Mr.T.D.Mohan Ram

ORDER

The petitioner seeks Succession Certificate in respect of the securities held by M.S.Sundararajan, who died intestate on 24.05.2021. The petitioner is the only son of the deceased M.S.Sundararajan.

2. The petitioner has been examined as P.W.1. He has produced the death certificates of the deceased M.S.Sundararajan and Radha Sundararajan (mother of the petitioner), as Exs.P2 and P1. The legal heirship certificate of the deceased M.S.Sundararajan and Radha Sundararajan as Exs.P3 and P4. A 1/4

perusal of Exs.P3 and P4 shows that the petitioner is the only surviving legal heir of the deceased M.S.Sundararajan and Radha Sundararajan. It is to be noted that the petitioner herein, who is the son of the deceased had also filed an O.P.No.545 of 2022 seeking to issue succession certificate for the securities held by his mother late. Radha Sundararajan. A paper publication has been made and any objections have not been received.

3. In view of the above said evidence, the Original Petition is allowed by granting Succession Certificate in favour of the petitioner in respect of the securities mentioned in the schedule to the petition. Index :Yes/No Speaking order: Yes/ No Petitioner's witness:

P.W.1 - Mr.Arun Sundararajan 2/4

Documents exhibited by the petitioner:

Exhibits Documents Ex.P1 Computer generated death certificate of Mrs.Radha Sundararajan Ex.P2 Computer generated death certificate of Mr.S.Sundararajan Ex.P3 Computer generated legal heir certificate of Mr.Sundararajan Ex.P4 Computer generated legal heir certificate of Mrs.Radha Sundararajan Ex.P5 Photocopy of the petitioner's Aadhar card Ex.P6 Photocopy of the petitioner's PAN card Ex.P7 Photocopy of the PAN card of Mr.Sundararajan Ex.P8 Photocopy of the PAN card of Mrs.Radha Sundararajan Ex.P9 Photocopy of statement dated 20.10.2021 issued by HDFC Bank Limited in respect of demat account bearing No.31162687 of Mr.Sundararajan Ex.P10 Copy of paper publication effected in one issue of Tamil daily "Makkal Kural" dated 01.02.2023 3/4

K.KUMARESH BABU,J.

4/4