Kusum And 3 Others v. No Respondent

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 08.07.2025

CORAM

THE HONOURABLE MR.JUSTICE K.KUMARESH BABU 1.Kusum 2.Aruna 3.Dileep Kumar N.Jain 4.Pradeep Kumar N.Jain

...Petitioners

PRAYER: Original Petition filed under Section 372 of the Indian Succession Act 1925 r/w Order XXV Rule 6 of Original Side Rules 1956, prays that a Succession Certificate may be granted to the petitioners herein with power to collect the debts and to receive the interest and dividend on and negotiate and transfer the securities specified in the schedule. For Petitioners : Mr.L.Dhamodharan

ORDER

The petitioners seek Succession Certificate in respect of the securities held by Late Mrs.Mani Bai, who died intestate on 05.10.2011. The petitioners 1 to 4 are the legal heirs of the deceased.

2. The petitioners submit that the above said deceased Late Mrs.Mani 1/5

Bai was married to one Mr.Nainmal Jain and had begotten the petitioners 1 to 4 as her children. The petitioners further submit that their father Mr.Nainmal Jain had predeceased their mother on 17.01.2008, thereby leaving behind the petitioners 1 to 4 as the only legal heirs of the deceased.

3. The 4th petitioner has been examined as PW1, he has produced 12 documents to support his deposition which are listed as Ex.P1 to Ex.P12. A paper publication has been made and no objections have been received. The photocopy of the death certificates of the deceased and the husband of the deceased has been marked as Ex.P2 and Ex.P1 respectively. The photocopy of the legal heirship certificate of the deceased has been marked as Ex.P3 and the perusal of the same clearly proves that the petitioners 1 to 4 are the only legal heirs of the deceased. The general paper publication has been effected and no objections have been received for the same.

4. The assertions in the petition have been duly proved by adducing oral evidence supported by documents. In these circumstances, the petitioners are entitled to the relief.

5. In view of the above evidence, the Original Petition is allowed 2/5

granting Succession Certificate in favour of the petitioners, with the power to collect the debts and securities and to receive the interest and dividends on and negotiate and transfer the securities mentioned in the schedule to the petition.

Index :Yes/No Petitioner's witness:

P.W.1 - Mr.Pradeed Kumar N.Jain Documents exhibited by the petitioners:

Exhibits Documents Ex.P1 Photocopy of death certificate of Nainmal A.Jain.(Compared with original and returned) Ex.P2 Photocopy of death certificate of Mani Bai.

Ex.P3 Online copy of legal heir certificate of Mani Bai. Ex.P4 Share certificate of Bajaj Auto Finance Limited dated 10.03.2009.(Compared with original and returned) Ex.P5 Share certificate of Aarti Industries Limited dated 17.03.2009.(Compared with original and returned.) Ex.P6 Share certificate of Tata Consultancy Services Limited dated 12.03.2009.(Compared with original and returned) Ex.P7 Share certificate of Umang Dairies Limited dated 30.03.2009.(Compared with original and returned) Ex.P8 Aadhar card of Kusum/first petitioner.(Compared with original and returned) Ex.P9 Aadhar card of Aruna/second petitioner.(Compared with original and returned) 3/5

Ex.P10 Aadhar card of Dileep Kumar N.Jain/third petitioner.(Compared with original and returned) Ex.P11 Aadhar card of Pradeep Kumar N.Jain/fourth petitioner.(Compared with original and returned) Ex.P12 Civil supplies corporation card of Pradeep Jain N Nainmal Jain / 4th petitioner.(Compared with original and returned) 4/5

K.KUMARESH BABU, J.

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