← Library
Madras High CourtOP/134/2024ordered

Nanditha Sreekumar And Another v. No Respondent

2024-10-22Honourable Mr Justice Rmt. Teekaa Raman4 pages

O.P.No.134 of 2024 RMT.TEEKAA RAMAN, J.

This original petition has been filed taking advantage of Section 372 of the Indian Succession Act, 1925 read with Order XXV Rule 6 of the O.S.Rules, seeking Succession Certificate in respect of securities of V.Subramanian, who died on 12.02.2018. The petitioners are the sisters and they are the daughters of Late.Mr.V.Subramanian and Late Mrs.Lalitha Subramanian. The first petitioner is the eldest daughter and the second petitioner is the younger daughter of the said Mr.V.Subramanian and Mrs.Lalitha Subramanian. The petitioners' father Late Mr.V.Subramanian is the son of Late.Mr.S.Viswanathan and Late.Mrs.Anandam Viswanathan and the petitioners' mother Tmt.Lalitha Subramanian is the daughter of Late Mr.T.V.Seshan and Late.Mrs.Panchali Seshan.

2. The above said Mr.V.Subramanian died on 12.02.2018 and their mother Mrs.Lalitha Subramaniam died immediately thereafter on 30.03.2018. The petitioners are the only legal heirs of their parents Late Mr.V.Subramanian.

3. The petitioner being the only legal heirs of their father Late Mr.V.Subramanian are entitled to 1/2 share each in the above mentioned securities in the name of their father. They filed an application for succession certificate. The details of the securities had been given in the schedule to the

petition.

4.After following due procedure, the petitioners were invited to tender evidence. Accordingly, the 1st petitioner was examined as PW-1 and Exs.P1 to P7 had been marked.

5. The list of documents filed by the petitioners are given below:- Sl.

Documents Exhibits No.

1.

The death certificate of Mr.V.Subramanian P1 2.

The legal heir certificate of Mr.V.Subramanian P2 3.

The death certificate of Mrs.Lalitha Subramanian P3 4.

The legal heir certificate of Mrs.Lalitha Subramanian P4 5.

The photocopy of the folio statement issued by Franklin Templeton as on 21.11.2023 in respect of mutual funds held by deceased Mr.V.Subramanian P5 6.

The certificate under Section 65-B of the Indian Evidence Act, 1872 P6 7.

The copy of the paper publication effected in one issue of Tamil Daily "Dina Kural" dated 12.07.2024.

P7

6. In view of both the oral and documentary evidences adduced before this Court, I find no impediment for grant of succession certificate.

7. Accordingly, this Original Petition is allowed. The Succession Certificate may be issued in favour of the petitioners in accordance with the rules.

22.10.2024 nvi RMT.TEEKAA RAMAN,J.,

nvi O.P.No.134 of 2024 22.10.2024