Rajini Mohan 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.Rajini Mohan 2.Manoj Prasad D M 3.Vedha Priya D M

...Petitioners

PRAYER: Original Petition filed for grant of Succession Certificate under Section 372 of the Indian Succession Act 39 of 1925 read with Order XXV Rule 6 of O.S.Rules, prays that a Succession Certificate may be granted to the 1st petitioner i.e., Mrs.Rajini Mohan with power to collect the debts and to receive the interest and dividends thereon and negotiate and transfer the securities and Debentures specified in the schedule hereto. For Petitioners : Mr.Mitesh.R

ORDER

The petitioners seek Succession Certificate in favour of the first petitioner in respect of the securities held by Late Mr.D.T.Mohan, who died intestate on 31.05.2013. The first petitioner is the wife of the deceased whereas the second and third petitioner are the children of the deceased.

2. The first petitioner has been examined as PW1. She has produced 1/4

the computer generated death certificate of the deceased Late.Mr.D.T.Mohan as Ex.P5 . The photocopy of the legal heirship certificate of the deceased has been marked as Ex.P1. The photocopy of the aadhar card of all the petitioners 1 to 3 are marked as Ex.P2. A perusal of Ex.P1 which clearly shows that the petitioners are the only surviving legal heirs of the deceased. The second and the third petitioners have marked their consent affidavits as Ex.P3 and Ex.P4 respectively. 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 first petitioner is entitled to the relief.

4. In view of the above evidence, the Original Petition is allowed granting Succession Certificate in favour of the first petitioner, with the power to collect the securities and receive the interest and dividends mentioned in the schedule to the petition.

kak Index:Yes/No 2/4

Petitioner's witness:

P.W.1 - Mrs.Rajini Mohan Documents exhibited by the petitioners:

Exhibits Documents Ex.P1 Photocopy of the legal heir certificate of D.T.Mohan dated 11.11.2013 (Original is produced, compared and returned to the petitioner's counsel) Ex.P2 Photocopy of the Aadhar Card of the 1st petitioner along with 2nd and 3rd petitioners Aadhar Card.

Ex.P3 Consent affidavit of the 2nd petitioner.

Ex.P4 Consent affidavit of the 3rd petitioner.

Ex.P5 Computer generated copy of the death certificate of Mr.D.T.Mohan died on 31.05.2013.

Ex.P6 Photocopy of the official letter from MRF for Transmission of 15 shares held in the name of Late D.T.Mohan under ledger folio MO5170 dated 24.11.2013 (Original is produced, compared and returned to the petitioner's counsel) Ex.P7 Printout of the NSE India online report of MRF Limited Share Price on 04.09.2024.

Certificate under Section 65 B of Indian Evidence Act is filed for Exs.P5 and P7..

kak K.KUMARESH BABU, J.

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