Leila Jagannath @ Sudha Jagannath v. Vidya Srinivasan And 3 Others

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 05.03.2025

CORAM

THE HONOURABLE MR.JUSTICE K.KUMARESH BABU Leila Jagannath ... Petitioners v.

1.Mrs.Vidya Srinivasan 2.Srikanth Jagannath 3.Sandhya Srinivas 4.P.K.Gangu Bai (died)

...Respondents

PRAYER: Original Petition filed for Letters of Administration under Section 372 of Indian Succession Act 1925, read with Order XXV Rule 6 of the Original Side Rules praying to grant succession certificate to the petitioner with powers to collect the securities and to receive the interest and dividends on and negotiate and transfer the securities in the schedule hereto.

For Petitioner : M/s.D.Baskar For respondents : Mr.C.Jeya Kumar for R1 to R4

ORDER

The petitioner seek Succession Certificate in respect of the securities held by Late K.Jagannath, who died intestate on 19.07.2023. 1/4

The petitioner is the wife of the deceased. The respondents 1 to 3 are the children of the deceased. The fourth respondent is the mother of the deceased who died on 10.04.2024 in lis pendens.

2. The petitioner has examined herself as PW1. She has produced the computer generated death certificates of the deceased and his mother as Ex.P1 and Ex.P8. The legal heirship certificate of the deceased as Ex.P7. A perusal of Ex.P7, shows that the petitioner and the respondents are the only surviving legal heirs of the deceased K.Jagannath. A paper publication has been made and no objections have been received. 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 releif.

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

P.W.1 -Mrs.Leila Jagannath Documents exhibited by the petitioners:

Exhibits Documents Ex.P1 Computer generated death certificate of Mr.K.Jagannath Ex.P2 Photocopy of my Aadhar card Ex.P3 Computer generated e-pan card of the first respondent Ex.P4 Photocopy of the Aadhar card of the second respondent Ex.P5 Photocopy of the Aadhar card of the third respondent Ex.P6 Original statement of holding dated 03.08.2023 in Aditya Birla Capital in respect of shares and securities held by Mr.K.Jagannath in Client ID.No.10218902 Ex.P7 Computer generated legal heir ship certificate of Mr.K.Jagannath Ex.P8 Computer generate death certificate of Mrs.Gangu Bai Ex.P9 Certificate under Section 65B of the Indian Evidence Act, Ex.P10 Copy of the paper publication effected in one issue of Tamil Daily "Makkal Kural" dated 24.04.2024 tsh 3/4

K.KUMARESH BABU,J.

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