D.Sundarakrishnan And 2 Others v. No Respondent
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 01.04.2025
CORAM
THE HONOURABLE MR.JUSTICE K.KUMARESH BABU 1.D.Sundarakrishnan 2.Vidhya Jayanth 3.Vivek Srivatsan
...Petitioners
PRAYER: Original Petition filed under Section 372 of the Indian Succession Act (XXXIX of 1925) for grant of Succession Certificate read with Order XXV Rule 6 of the O.S.Rules, prays that this Hon'ble Court, may be pleased to grant a succession certificate to the 3rd petitioner with power to collect the debts and interest amount thereof, specified in the schedule hereto. For Petitioner : Mr.A.Amanullah
ORDER
The petitioners seek Succession Certificate for the third petitioner in respect of the securities held by Late.Mr.K.Dorairajan, who died intestate on 01.10.2015. The first and second petitioners are the children of the deceased whereas the third petitioner is the grandson of the deceased through his deceased daughter Late.Mrs.Vasudha Srivatsan. 1/5
2. The third petitioner has been examined as PW1. He has produced the computer generated death certificates of the deceased Late.Mr.K.Dorairajan and his daughter Late.Mrs.Vasudha Srivatsan as Ex.P1 and Ex.P4. The legal heirship certificates of the deceased as Ex.P2 and his daughter Late.Mrs.Vasudha Srivatsan as Ex.P5. The photocopy of the aadhar card of the third petitioner has been marked as Ex.P10. On the conjoint perusal of Ex.P10, Ex.P2 and Ex.P5 shows that the third petitioner is the only surviving legal heir to Late.Mrs.Vasudha Srivatsan and also the grandson of the deceased. The first and the second petitioners have filed their consent affidavits. 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.
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4. In view of the above evidence, the Original Petition is allowed granting Succession Certificate in favour of the third petitioner, 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 - Mr.Vivek Srivatsan Documents exhibited by the petitioners:
Exhibits Documents Ex.P1 Photocopy of the Death Certificate of K.Dorairajan dated 04.09.2024.
Ex.P2 Photocopy of the Legalheir Certificate of K.Dorairajan dated 14.03.2020.
Ex.P3 Photocopy of the Death Certificate of D.Rajalakshmi dated 04.09.2024.
Ex.P4 Photocopy of the Death Certificate of Vasudha Srivatsan dated 04.06.2021.
Ex.P5 Photocopy of the Legalheir Certificate of Vasudha Srivatsan dated 13.12.2021.
Ex.P6 Photocopy of the Death Certificate of N.S.Srivatsan dated 07.06.2021.
Ex.P7 Original Bank Passbook of Dorairajan K.
Ex.P8 Photocopy of the Aadhaar Card of the 1st petitioner. 3/5
(Compared with original) Ex.P9 Photocopy of the Aadhaar Card of the 2nd petitioner (Compared with original) Ex.P10 Photocopy of the Aadhaar Card of the 3rd petitioner. (Compared with original) K.KUMARESH BABU, J.
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