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Madras High CourtOP/84/2024ordered

Meena Jayaraman And 2 Others v. No Respondent

2024-10-15Honourable Mr Justice Rmt. Teekaa Raman4 pages

RMT.TEEKAA RAMAN, J.

This Petition has been filed under Section 372 of the Indian Succession Act, 1925 and Order XXV Rule 6 of Madras High Court Original Side Rules, 1956 for grant of Succession Certificate to the Petitioners with the power to collect the debts and to receive the interest and dividends on and negotiate and transfer the securities specified in the schedule to this Petition.

2.After following due procedure, the Petitioners were invited to tender evidence. The 2nd Petitioner viz., Sanjini Jayaraman, was examined as PW1 and Exs.P1 to P13 were also marked as follows: S.No. Exhibits Details Ex.P.1 Photocopy of the Aadhaar card of Mr.T.Jayaraman (compared with original) Ex.P.2 Photocopy of the Aadhaar card of the first Petitioner (compared with original) Ex.P.3 Photocopy of Aadhar card of second Petitioner (compared with the original) Ex.P.4 Photocopy of the Aadhaar card of the third Petitioner (compared with original) Ex.P.5 Computer generated death certificate of Mr.T.Jayaraman Ex.P.6 Computer generated legal heirship certificate of Mr.T.Jayaraman Ex.P.7 Online printout of statement issued by ICICI Prudential in respect of mutual fund held by Mr.T.Jayaraman in Folio No.11348298/69 1/4

S.No. Exhibits Details Ex.P.8 Online printout of statement dated 06.09.2022 issued by Franklin Templeton in respect of mutual fund held by Mr.T.Jayaraman Ex.P.9 Online printout of statement dated 06.06.2022 issued by Franklin Templeton in respect of mutual fund held by Mr.T.Jayaraman Ex.P.10 Online printout of intimation given to Mr.T.Jayaraman about shares held by him in the Indian Hotels Company Limited Ex.P.11 Online printout dated 29.04.2022 issued by Link Intime India Pvt. Ltd., addressed to the first Petitioner asking for succession certificate.

Ex.P.12 Certificate under Section 65B of the Indian Evidence Act, 1872 Ex.P.13 Copy of paper publication effected in one issue of Tamil daily "Makkal Kural" dated 04.04.2024.

3.The deceased T.Jayaraman died on 01.04.2020. The Petitioners are the legalheirs of the deceased T.Jayaraman. Nobody available other than the Petitioners to succeed the estate of the deceased. He joined in mutual fund scheme and invested a sum of Rs.11,10,570/- in mutual fund scheme. The deceased T.Jayaraman had not appointed the Petitioners as nominee. The Petitioners 1 to 3 are Wife and daughters of the deceased, respectively. The legalheirs of the deceased claims to be entitled to equal share of Rs.21,61,578.83/- each of the estate. Hence, the Petitioners claim succession certificate.

4.The Petitioners are the class I heirs of the deceased. In view of both 2/4

oral and documentary evidences adduced before this Court, I find no impediment for grant of succession certificate. Hence, this Original Petition stands allowed. The Succession Certificate may be issued in favour of the Petitioners in accordance with the rules.

15.10.2024 sai 3/4

RMT.TEEKAA RAMAN, J.

sai Dated: 15.10.2024 4/4