C.Chitra v. No Respondent
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 09.09.2025 CORAM :
THE HONOURABLE MR.JUSTICE P.DHANABAL C. Chitra W/o. M. Chidambaram ... Petitioner 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 petitioner with power to collect the securities and to receive the interest and dividends on and negotiate and transfer the securities specified in the Schedule. For Petitioners :
Mr. Vijay Krishna
ORDER
This petition has been filed by the petitioner praying to grant Succession Certificate under Section 372 of the Indian Succession Act read with Order XXV Rule 6 of the Original Side Rules. Page No.1 of 7
2. According to the petitioner, her son Aravind Meyyappan died intestate on 25.04.2024. At the time of death, the deceased had left his parents and brother as the surviving legal heirs and next of kin. The petitioner, the mother of deceased, is the Class I legal heir and the father and brother of the deceased are Class-II Legal heirs of the deceased. Thus the petitioner is entitled to collect the securities and to receive the interest and dividends and negotiation and transfer the securities. At the time of death, the deceased left the Units of shares in ETrade Morgan Stanley under ETrade Account No.892574765 in the schedule. The deceased, during his lifetime, purchased 201 shares from Morgan Stanley Smith Barney LLC having office at P.O. Box No.484, Jersey City, NJ and the share in ETrade Morgan Stanley now valued at $12,798.73, which is Rs.10,70,025/-. Thus, the Succession Certificate is necessary for the petitioner to collect the securities. Therefore, she has filed this petition.
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3. After filing of this Original Petition, the petitioners was 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 petitioner, she was examined as PW1 and marked Ex.P.1 to Ex.P11.
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.P11, they revealed that the petitioner is the only the surviving legal heir of the deceased Aravind Meyyappan and the deceased purchased some share certificates mentioned in the Schedule of the petition and he died intestate, thereby, the petitioner, being the mother and Class I legal heir, is entitled to get the share certificates.
5. In view of the same, this Original Petition is allowed and a direction for grant of Succession Certificate in favour of the petitioner with power to Page No.3 of 7
collect her 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.
09.09.2025 Index :
Yes/No Speaking Order :
Yes/No mjs APPENDIX:
List of Petitioner side Witnesses:
PW1 :
Mrs.C. Chitra W/o. M. Chidambaram List of Petitioner side Documents:
Exhibit No.
Date Description of Documents.
Ex.P.1.
- Computer generated copy of the Death Certificate of Aravind Meyyappan (Date of Death: 25.04.2024) along with Certificate under Section 63(4)(c) of B.S.A.
Ex.P.2 09.06.2024 Computer generated copy of the Legal Heir Certificate of deceased Aravind Meyyappan along with Certificate under Section 63(4)(c) of B.S.A.
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Ex.P.3 05.09.2024 Print out of the form for transition assets issued by the ETrade Morgan Stanley through email along with Certificate under Section 63(4)(c) of B.S.A.
Ex.P.4.
- Photocopy of the Aadhar Card of the deceased Aravind Meyyappan.
Ex.P.5 - Photocopy of the Aadhar card of the father of the deceased Aravind Meyyppan namely M. Chidambaram.
Ex.P.6 - Photocopy of the Aadhar card of the mother of the deceased Aravind Meyyppan namely C. Chitra,the petitioner.
Ex.P.7 - Photocopy of the Aadhar card of the brother of the deceased Aravind Meyyppan namely Kamal Prashanth.
Ex.P.8 - Photocopy of the PAN card of the petitioner.
Ex.P.9 - Photocopy of the PAN card of the deceased Aravind Meyyappan.
Ex.P.10 - Printout of hte share holding account details of the deceased Aravind Meyyappan sent through email along with Certificate under Section 63(4)(c) of B.S.A.
Ex.P.11 18.04.2025 One issue of paper publication effected in Tamil Daily newspaper "Makkal Kural".
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P.DHANABAL.,J mjs Page No.6 of 7
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