Mr.Prakash Baid v. Mrs.Sukhraj Devi Baid And 2 Others
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 08.10.2025 CORAM :
THE HONOURABLE MR.JUSTICE P.DHANABAL Prakash Baid ` ... Petitioner vs.
1. Sukhraj Devi Baid
2. Meenakshi Jain
3. Pradeep Baid .. Respondents PRAYER: Original Petition is filed under Section 372 of the Indian Succession Act of 1925 read with Order XXV Rule 6 of the Original Side Rules praying to grant Succession Certificate to the petitioner with power to collect the securities and to receive the interest and dividends on and negotiate and transfer the securities specified in the Schedule. For Petitioner :
Mr.Dhruv A. Thaker for M/s. Shah & Shah For Respondents :
Mr. Dilip Kumar
ORDER
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This petition has been filed by the petitioner praying to grant Succession Certificate under Section 372 of the Indian Succession Act read with Order XXV Rule 6 of the Original Side Rules.
2. According to the petitioner, the deceased Noratanmal Baid @ Mr. N.M. Baid died on 30.12.2022 leaving the petitioner and the respondents behind him as surviving legal heirs and after the demise of the deceased, the petitioner and the respondents are the Class I Legal Heirs to suceed his estates. The deceased owned assets interalia by way of shares described in the schedule. The parents of the deceased predeceased him. Since the petitioner and the respondents are the only legal heirs of the assets and in order to transfer the above said shares in their favour, the Succession Certificate is necessary and the respondents 1 to 3 have consented for such a grant of succession certificate in favour of the petitioner. The value of assets Page No.2 of 7
in respect of which, the succession certificate, is required is of the value at Rs.31,17,838/-. Therefore, the petitioner has filed this petition.
3. After filing of this Original Petition, the petitioner was directed to effect paper publication and the same was also effected. No any objection was received from any party. Thereafter, the matter was posted for examination of witnesses and the evidence was recorded. On the side of the petitioners, they examined PW1 and marked Ex.P.1 to Ex.P5.
4. This Court also perused the entire documents including the evidences. On a careful perusal of the evidence of PW1 and the documents Ex.P.1 to Ex.P5, they reveal that the petitioner and the respondents are the legal heirs of the deceased Noratanmal Baid @ Mr. N.M. Baid and during his lifetime, he had purchased the schedule mentioned properties and thereafter, he died intestate, thereby, the petitioner and the respondents, being the surviving legal heirs, each are equally entitled to get those shares. The Page No.3 of 7
respondents have filed their consent affidavit to grant succession certificate in favour of the petitioner. Therefore, the petitioner is entitled to the Succession Certificate.
5. In view of the same, this Original Petition is allowed. The petitioner is entitled to the value of the shares and a direction for grant of Succession Certificate in favour of the petitioner with power to collect their debts, securities and to receive the interest and dividends on and negotiate and transfer the securities specified in the Schedule, as applicable till the date of withdrawal, is issued.
08.10.2025 Index :
Yes/No Speaking Order :
Yes/No mjs APPENDIX:
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List of Petitioner side Witnesses:
PW1 :
Mr. Prakash Baid List of Petitioner side Documents:
Exhibit No.
Date Description of Documents Ex.P.1.
- Computer generated Death Certificate of Mr. Noratanmal Baid.
Ex.P.2 - Computer generated Legal Heir Certificate of Mr. Noratanmal Baid.
Ex.P.3 11.09.2024 Original DEMAT statement of holding ICICI bank in respect of Mr. N.M. Baid.
Ex.P.4. - Certificate under Section 63(a) of B.S.A.
Ex.P.5 21.08.2025 Copy of paper publication effected in one issue of Tamil daily "Makkal Kural".
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P.DHANABAL.,J mjs Page No.6 of 7
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