Bhavani Subramanian And Another v. S.Syamala And Another
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 26.08.2025
CORAM
THE HONOURABLE MR.JUSTICE K.KUMARESH BABU 1.Bhavani Subramanian 2.S.Tharunya
...Petitioners
Vs.
1.S.Syamala 2.S.Sudheer ... Respondents PRAYER: Original Petition filed under Section 372 of the Indian Succession Act, 1925 read with Order XXV Rule 6 of the Original Side Rules, praying to grant Succession Certificate to the 1st petitioner with power to collect the debts and to receive the interest and dividends on and negotiate and transfer the Securities specified in the schedule. For Petitioners : Mr.R.Vinodh Prabhu For Respondents : Mr.S.K.Rahul Vivek *****
ORDER
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The petitioners intestate Succession Certificate in favour of the 1" petitioner in respect of the securities held by Mr.Subramaniam Sundararaman, who died 30.05.2019. The petitioners 1 and 2 along with the respondents 1 and 2 are the legal heirs of the deceased. The 2nd petitioner is the minor and is represented by her mother, the 1" petitioner herein.
2. The first petitioner submits that the above said deceased was married to her and they had begotten the 2nd petitioner and the 2nd respondent as their children out of their wedlock. The 1st respondent is the mother of the deceased. The first petitioner further submits that her husband, the deceased herein, died on 30.05.2019. The 1st petitioner further undertakes to deposit the minor daughter's share i.e., the 2nd petitioner's share herein, in any nationalized bank under the minor's name and maintain it until the 2 ^ (ad) petitioner attains the age of majority.
3. The first petitioner has been examined as PW1. She has produced 5 documents to support her deposition which are listed as Ex.P1 to Ex.P5 at the foot of the order. The photocopy of the death certificate of the deceased Late.Mr.Subramanian Sundararaman has been marked as Ex.P1. The 2/6
photocopy of the legal heirship certificate of the deceased has been marked as Ex.P2. The perusal of the Ex.P2 clearly proves that the petitioners 1 and 2 along with the respondents 1 and 2 are the only legal heirs of the deceased Late.Mr. Subramaniam Sundararaman. The general paper publication has been effected which has been marked Ex.P5, and no objections have been received for the same.
4. The respondents 1 and 2 have expressed their consent to grant the Succession Certificate in favour of the 1 petitioner, with respect to the securities held by the deceased which are listed under the Schedule of the Petition. Further the respective consent affidavits of both the respondents 1 and 2 has been marked as Ex.P4(series). The learned counsel for the respondents 1 and 2, appearing on behalf of them had reiterated the respective consent affidavits of the respondents.
5. The assertions in the petition have been duly proved by adducing oral evidence supported by documents. In these circumstances, the 1a petitioner is entitled to the relief.
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6. In view of the above evidence, the Original Petition is allowed granting Succession Certificate in favour of the 1a petitioner, with the power to collect the debts and to receive the interest and dividends on and negotiate and transfer the securities mentioned in the schedule to the petition. Index :Yes/No Petitioners' witness:
P.W.1 - Mrs.Bhavani Subramanian Documents exhibited by the petitioner:
Exhibits Documents Ex.P1 Photocopy of the Death Certificate of Mr.Subramanian Sundararaman deceased on 05.07.2019.
Ex.P2 Photocopy of the Legal Heir Certificate of Mr.Subramanian Sundararaman deceased on 10.09.2019.
Ex.P3 Photocopy of the Demat Account of Mr.Subramanian Sundararaman.
Ex.P4 Consent Affidavit of Respondents S.Syamala and S.Sudheer.
Ex.P5 Copy of the paper publication issued in Tamil Daily 4/6
Makkal Kural dated 18.06.2025.
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K.KUMARESH BABU, J.
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