M. Vijayalakshmi And Another v. No Respondent
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 23.04.2025
CORAM
THE HONOURABLE MR.JUSTICE K.KUMARESH BABU M.Vijayalakshmi M.Maheshwari
...Petitioners
PRAYER: Original Petition filed under Section 372 of the Indian Succession Act 1925 read with Order XXV Rule 6 of O.S. Rules, prays that a Succession Certificate may be granted to the petitioners with power to collect the debts and to receive interest specified in the schedule hereunder. For Petitioners : Mr.M.Kempraj
ORDER
The petitioners seek Succession Certificate in respect of the securities held by Late.Mr.L.Gopikrishnan who died intestate on 09.12.2022. The petitioners are the sisters of the deceased. The petitioners submit that the deceased was married to one Late.Mrs.Gomathy who predeceased him on 07.08.2020, the couple did not have any issues in the duration of marriage and the parents of the deceased had also predeceased him. 1/4
2. The first petitioner has been examined as PW1. She has produced the printouts of the death certificates of the deceased Late.Mr.L.Gopikrishnan and his wife Late.Mrs.Gomathy as Ex.P2 and Ex.P1. The aadhar card of the petitioner has been marked as Ex.P10. 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 petitioners are entitled to the relief.
4. In view of the above evidence, the Original Petition is allowed granting Succession Certificate in favour of the petitioners, with the power to collect the securities and receive the interest and dividends mentioned in the schedule to the petition.
Index :Yes/No Petitioner's witness:
P.W.1 - Mrs.M.Maheshwari 2/4
Documents exhibited by the petitioner:
Exhibits Documents Ex.P1 Printout of the Death Certificate of G.Gomathy dated 12.10.2020.
Ex.P2 Printout of the Death Certificate of Gopikrishnan dated 06.01.2023.
Ex.P3 Photocopy of the Canara Bank Pass Book Savings Statement of the deceased Gopikrishnan. (Compared with original) Ex.P4 Photocopy of the LIC Policy certificate No.708623818 dated 18.11.2016.(Compared with original) Ex.P5 Photocopy of the LIC Policy certificate No.735824270 dated 31.03.2010.(Compared with original) Ex.P6 Photocopy of the LIC Policy certificate No.708623817 dated 18.11.2016.(Compared with original) Ex.P7 Photocopy of the Syndicate Bank Fixed Deposit Certificate No.60424030000493/1.(Compared with original) Ex.P8 Photocopy of the Syndicate Bank Fixed Deposit Certificate No.60424030000493/2.(Compared with original) Ex.P9 Photocopy of the Fixed Deposit Certificate No.60424030000493/3.(Compared with original) Ex.P10 Photocopy of the Aadhaar Card of petitioner.(Compared with original) 3/4
K.KUMARESH BABU, J.
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