S.Priya And Another v. No Respondent
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 07.07.2025
CORAM
THE HONOURABLE MR.JUSTICE K.KUMARESH BABU 1.S.Priya 2.R.Suganya ... Petitioners PRAYER: Original Petition filed for Succession Certificate under Section 372 of the Indian Succession Act, 1935 with Order XXV Rule 6 of O.S.Rules, to grant succession certificate in favour of the petitioners with power to collect the securities and to receive interest and dividends on and negotiate and transfer the securities specified in the schedule hereto. For Petitioners : Ms.S.Rekha
ORDER
The petitioners seek Succession Certificate in favour of the petitioners in respect of the securities held by Late R.Lakshmi, who died intestate on 18.07.2015. The petitioners are the daughters of the deceased. The husband and parents of the deceased predeceased her. 1/5
2. The first petitioner has been examined as PW1. She has produced the death certificate of the deceased as Ex.P3. The legal heirship certificate of the deceased as Ex.P4. A perusal of Ex.P4, shows that the petitioners are the daughters of the deceased and the only surviving legal heirs of the deceased.
3. The assertions in the petition have been duly proved by adducing oral evidence supported by documents. In these circumstances, the petitioners are entitled to the relief.
4. In view of the above evidence, the Original Petition is allowed granting Succession Certificate in favour of the petitioners, with the power to collect the securities and receive the interest and dividends on and negotiate and transfer the securities mentioned in the schedule to the petition.
Index :Yes/No Speaking: Yes/ No 2/5
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Petitioner's witness:
P.W.1 - Mrs.S.Priya P.W.2 - Mrs.R.Suganya Documents exhibited by the petitioner:
Exhibits Documents Ex.P1 Photocopy of the Aadhar Card of S.Priya (Compared with Original) Ex.P2 Photocopy of the PAN Card of S.Priya (Compared with Original) Ex.P3 Printout of the Death Certificate of R.Lakshmi dated 31.08.2024. (Certificate u/s 63(4) (C) of BSA produced). Ex.P4 Printout of the Legal Heirship Certificate of R.Lakshmi dated 06.08.2018. (Certificate u/s 63(4) (C) of BSA produced). Ex.P5 Photocopy of the Share Transfer Letter issued by SundaramClayton Limited dated 07.05.2018 (Compared with original) Ex.P6 Printout of the Closing Share Price of India Nippon Electricals Ltd in BSE dated 09.12.2022 (Certificate u/s 63(4)(C) of BSA produced).
Ex.P7 Photocopy of the Aadhaar Card of R.Suganya (Compared with original) Ex.P8 Photocopy of the PAN Card of R.Suganya (Compared with original) 4/5
K.KUMARESH BABU,J.
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