Mr.S.Venkatesan And Another v. No Respondent

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 26.06.2024

CORAM

THE HONOURABLE MR.JUSTICE C.V.KARTHIKEYAN O.P. No. 728 of 2023 1.S.Venkatesan 2.Uma Srinivasan ... Petitioners PRAYER: Original Petition filed under Section 372 of the Indian Succession Act read with Order XXV Rule 6 of the Original Side Rules to grant the petitioners with power to collect the debts and to receive the interest and dividends thereon and negotiate and transfer the securities specified in the schedule hereto.

For Petitioners : Mr.S.Sridhar

O R D E R

The petition has been filed taking advantage of Section 372 of the Indian Succession Act, seeking succession certificate relating to the debts and credits in the name of the father of the petitioners, Mr.S.V.Srinivsan, who died intestate on 02.12.2020.

2.

The mother of the petitioners had pre-deceased the father. This is evident from the legal heirship certificate which has been filed as Ex.P2.

3.

After following due procedure, the petitioners were directed to tender evidence and accordingly, the 1st petitioner examined himself as P.W.1. The death certificate and legal heirship certificate of the father were marked as Exs.P1 and P2. The documents relating to the credits and bank accounts were marked as Exs.P3 and P4.

4.

Taking into consideration the nature of evidence adduced and the documents produced, the Original Petition stands allowed. Registry to issue succession certificate in the name of both the petitioners in accordance with rules.

Index :Yes/No gsa APPENDIX Petitioners' witness:

P.W.1 - Mr.S.Venkatesan Documents marked:

Exhibits Documents Ex.P1 Computer generated death certificate of Mr.S.V.Srinivsan. Ex.P2 Computer generated legal heir certificate of Mr.S.V.Srinivsan.

Ex.P3 Online printout of statement dated 27.10.2022 in respect of shares and securities held by S.V.Srinivasan in Sudaram Mutual Funds.

Ex.P4 Photocopy of statement of account for the period 01.01.2015 to 30.06.2021 in State Bank of India, Nungambakkam Branch held by Mr.S.V.Srinivsan bearing account no.10497644434. (compared with the original). Ex.P5 Copy of the paper publication effected in one issue of Tamil Daily "Malai Murasu" dated 26.01.2024.

Ex.P6 Photocopy of the bank pass book in Indian Overseas Bank bearing A/c.No.231901000001823 standing in the name of Ms.Sheila Jones, C.Jones Chelliah.

gsa

C.V.KARTHIKEYAN,J.

Gsa O.P. No. 728 of 2023