Miss. T.Idhayamani v. No Respondent
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 24.04.2025
CORAM
THE HONOURABLE MR.JUSTICE K.KUMARESH BABU Miss.T.Idhayamani
...Petitioner
PRAYER: Original Petition filed for Succession Certificate under Section 372 of Indian Succession Act read with Order XXV Rule 6 of O.S. Rules, prays that a Succession Certificate may be granted to the petitioner with power to collect the debts and to receive the interest and dividends on and negotiate, transfer the securities specified in the schedule hereto. For Petitioner : Mr.R.Varadaraj
ORDER
The petitioner seek Succession Certificate in respect of the securities held by Late.T.Thirumani, who died intestate on 12.05.2021. The petitioner is the sister of the deceased.
2. The petitioner has been examined as PW1. She has produced the computer generated death certificates of the deceased Late.T.Thirumani, Late.Mr.P.T.Thyagarajan the father of the deceased and Late.Mrs.M.Saradha the mother of the deceased as Ex.P11, Ex.P7 and Ex.P9. The computer 1/4
generated legal heirship certificate of the deceased has been marked as Ex.P12. A perusal of Ex.P12 shows that the petitioner is sister and she is the only legal heir of the deceased Late.T.Thirumani. A paper publication has been made which has been marked as Ex.P6 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 relief.
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 on and negotiate and to transfer the securities mentioned in the schedule to the petition. Index :Yes/No Petitioner's witness:
P.W.1 - Ms.Idhayamani Documents exhibited by the petitioner:
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Exhibits Documents Ex.P1 Photocopy of my Aadhaar Card (Compared with the original) Ex.P2 Photocopy of the Bank passbook of State Bank of India jointly held by me and Ms.T.Thirumani (Compared with the original) Ex.P3 Certified copy of the decree dated 21.02.2023 in OS.No.2386/2022 passed by City Civil Court, Chennai. Ex.P4 Certified copy of the judgment dated 21.02.2023 in OS.No.2386/2022 passed by City Civil Court, Chennai. Ex.P5 Original appraiser certificate dated 17.04.2023 issued by State Bank of India, Villivakkam branch in locker No.4/7 to Ms.Thirumani.
Ex.P6 Copy of paper publication effected in one issue of Tamil daily "Malai Murasu" dated 27.06.2024.
Ex.P7 Computer generated death certificate of Mr.P.T.Thyagarajan.
Ex.P8 Certified copy of legal heirship certificate of Mr.P.T.Thyagarajan obtained from City Civil Court, Chennai.(Witness states the original legal heirship certificate has been filed in City Civil Court, Chennai in OS.No.2386/2022.
Ex.P9 Computer generated death certificate of Mrs.M.Saradha. Ex.P10 Computer generated legal heirship certificate of Mrs.M.Saradha.
Ex.P11 Computer generated death certificate of Mr.T.Thirumani. Ex.P12 Computer generated legal heirship certificate of Mr.T.Thirumani.
Ex.P13 Certificate under Section 65 B of the Indian Evidence Act, 1872.
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K.KUMARESH BABU, J.
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