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Madras High CourtOP/812/2024allowed

P.Kamala Devi v. Pramod Kumar And Another

2025-09-16Honourable Mr.Justice P. Dhanabal6 pages

IN THE HIGH COURT OF JUDICATUE AT MADRAS

DATED: 16.09.2025

CORAM

THE HONOURABLE MR. JUSTICE P.DHANABAL P.Kamala Devi

...Petitioner

-VS1.Pramod Kumar 2.Manjula

...Respondents

Prayer:- Original Petition is filed under Section 372 of the Indian Succession Act, 1925, read with Order XXV, Rule 6 of the Madras High Court Original Side Rules, praying to grant a succession certificate to and in favour of the petitioner herein with power to collect the securities and to receive interest, dividends thereon and negotiate and transfer the securities as specified in the schedule.

For Petitioner : Mr.K.Suthan For Respondents : Ms.C.Alagu Bhavani 1/6

ORDER

The petitioner has filed this petition under Section 372 of the Indian Succession Act, 1925, seeking for issuance of Succession Certificate in her favour in respect of the schedule mentioned securities.

2. It is averred in the petition that the petitioner is the wife of the deceased B.Prasan Chand, who died on 06.11.2002, leaving behind the petitioner and the respondents, son and daughter of the deceased B.Prasan Chand. The deceased B.Prasan Chand's father and mother predeceased him. It is also averred that during his lifetime, the deceased B.Prasan Chand had purchased 500 shares of face value of Rs.10/- each from Caplin Point Laboratories Limited. Now, the value of the said fund works out to Rs.10,00,000/- (Rs.2000 per share x 500 shares). The petitioner and the respondents are entitled to equal share of the said value. The respondents have filed a consent affidavit stating that they have no objection to grant succession certificate in favour of the petitioner.

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3. Paper publication has been effected. There is no objector objecting issuance of Succession Certificate in favour of the petitioner.

4. The petitioner herself was examined as P.W.1 and Exs.P1 to 15 were marked. Ex.P1 is the photocopy of the death certificate of B.Prasan Chand; Ex.P2 is the photocopy of the legal heir certificate of B.Prasan Chand; Ex.P3 is the photocopy of the old Family Card of the petitioner and respondents for the years 2005 to 2009; Ex.P4 is the photocopy of the Aadhaar Card of the petitioner; Ex.P5 is the photocopy of the new family card of the petitioner; Ex.P6 is the photocopy of the PAN card of the petitioner; Ex.P7 is the photocopy of the Aadhaar Card of the 1a respondent; Ex.P8 is the photocopy of the PAN card of the 1" respondent; Ex.P9 is the photocopy of the Aadhaar card of the 2nd respondent; Ex.P10 is the photocopy of the PAN card of the 2nd respondent; Ex.P11 is the photocopy of the intimation of Final Dividend by the Caplin Point Laboratories Limited dated 04.10.2017; Ex.P12 is the photocopy of the Cheque bearing No.006543 drawn on Axis Bank Limited, T.Nagar Branch, Chennai dated 04.10.2017; Ex.P13 is the photocopy of the letter issued by Integrated Corporate Solutions 3/6

Simplified dated 11.10.2017; Ex.P14 is the one issue of paper publication effected in Tamil Daily "Makkal Kural" dated 06.06.2025; and Ex.P15 is the one issue of paper publication effected in Tamil Daily "Makkal Kural" dated 11.07.2025.

5. A bare perusal of the aforesaid oral and documentary evidence would reveal that the petitioner has proved her case for grant of Succession Certificate in her favour. Accordingly, this petition is allowed and the Succession Certificate is issued in favour of the petitioner with the power to receive interest and dividends thereon and negotiate and transfer securities morefully described in the schedule. rkm Index:yes/no 4/6

Petitioner's witness:

P.W.1 - Mrs.Kamala Devi Documents marked:

Exhibits Documents Ex.P1 Photocopy of the death certificate of B.Prasan Chand Ex.P2 Photocopy of the legal heir certificate of B.Prasan Chand. Ex.P3 Photocopy of the old Family Card of the petitioner and respondents for the years 2005 to 2009.

Ex.P4 Photocopy of the Aadhaar Card of the petitioner. Ex.P5 Photocopy of the new family card of the petitioner. Ex.P6 Photocopy of the PAN card of the petitioner.

Ex.P7 Photocopy of the Aadhaar Card of the 1a respondent. Ex.P8 Photocopy of the PAN card of the 1" respondent. Ex.P9 Photocopy of the Aadhaar card of the 2nd respondent. Ex.P10 Photocopy of the PAN card of the 2nd respondent. Ex.P11 Photocopy of the intimation of Final Dividend by the Caplin Point Laboratories Limited dated 04.10.2017. Ex.P12 Photocopy of the Cheque bearing No.006543 drawn on Axis Bank Limited, T.Nagar Branch, Chennai dated 04.10.2017.

Ex.P13 Photocopy of the letter issued by Integrated Corporate Solutions Simplified dated 11.10.2017.

Ex.P14 Paper publication effected in Tamil Daily "Makkal Kural" dated 06.06.2025.

Ex.P15 Paper publication effected in Tamil Daily "Makkal Kural" dated 11.07.2025.

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P.DHANABAL, J.

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