Padmasani Seetharaman And Another v. No Respondent
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 08.09.2025 CORAM :
THE HONOURABLE MR.JUSTICE P.DHANABAL
1. Padmasani Seetharaman W/o. Late Seetharaman
2. S. Ramasubramanian S/o. Late Seetharaman ... Petitioners 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 petitioners with power to collect the debts and to receive the interest and dividends on and negotiate and transfer the securities specified in the Schedule. For Petitioners :
Mr. Venkataswamy Babu
ORDER
This petition has been filed by the petitioners praying to grant Page No.1 of 7
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 petitioners, one Seetharaman S/o. Ramachandra Iyer died on 21.08.2021 at Surya Hospital, Saligramam, Chennai. The deceased was residing at Tiruvanmiyur, Chennai and he died intestate leaving behind his wife and son. The 1st petitioner is the wife of the deceased and the 2nd petitioner is the son of the deceased. The deceased left the movable properties set out in the schedule and for transferring the same, the present petition has been filed by the petitioners. The deceased died intesate and the petitioners are the Class I Legal Heirs to suceed his estates. The petitioners are entitled to succeed 1/2 share of the estate of the deceased. The value of the above said shares is at Rs.67,19,762.50. Since the petitioners are the only legal heirs of the assets and in order to get those amount of share certificates, the Succession Certificate is necessary to them. Therefore, they have filed this petition.
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3. After filing of this Original Petition, the petitioners were 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.P57.
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 petitioners are the legal heirs of the deceased Seetharaman and the deceased purchased some share certificates mentioned in the Schedule of the petition and he died intestate, thereby, the petitioners are entitled to get the share certificates. The petitioners each are eqully entitled to 1/2 share over the value of the share certificates. Therefore, they are entitled to the Succession Certificate. Page No.3 of 7
5. In view of the same, this Original Petition is allowed. The petitioners are each entitled to 1/2 share of the value of the share certificates and a direction for grant of Succession Certificate in favour of the petitioners with power to collect their 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. 08.09.2025 Index :
Yes/No Speaking Order :
Yes/No mjs List of Petitioner side Witnesses:
PW1 :
Mrs. Padmasani Seetharaman List of Petitioner side Documents:
Exhibit No.
Description of Documents Date Page No.4 of 7
Ex.P.1. Online copy of Death Certificate of late Seetharaman.
25.08.2021 Ex.P.2 Online copy of Legal Heir Certificate 26.07.2022 Ex.P.3 Online copy of Share certificate details and numbers.
29.06.2024 Ex.P.4. Xerox copy of Aadhar card of 1st petitioner. Ex.P.5 Xerox copy of Aadhar card of 2nd petitioner.
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P.DHANABAL.,J mjs Page No.6 of 7
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