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Madras High CourtOP/21/2025ordered

Prasanna Venkatesh Balaraju And Another v. No Respondent

2025-06-24Honourable Mr.Justice K.Kumaresh Babu4 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 24.06.2025

CORAM

THE HONOURABLE MR.JUSTICE K.KUMARESH BABU 1.Prasanna Venkatesh Balaraju 2.Gayathridevi Ramachandran

...Petitioners

PRAYER: Original Petition filed under Section 372 of the Indian Succession Act, 1925 read with Order XXV Rule 6 of the OS Rules in respect of securities belonging to B.Vijayalakshmi (Deceased), praying that a Succession Certificate may be granted to the petitioners jointly with the power to collect, securities and to receive the interest and dividends, on and to negotiate and transfer the shares and securities specified in the schedule hereto.

For Petitioner : Mr.K.Karthik Jagannath

ORDER

The petitioners seek Succession Certificate in respect of the securities held by Late Mrs.B.Vijayalakshmi, who died intestate on 07.03.2023. The petitioners submit that the 1st petitioner is the son and the 2nd petitioner is the daughter of the deceased. The petitioners further submit that their father, Late Mr.K.Balaraju predeceased their mother on 12.02.2015. Therefore the petitioners 1 and 2 are the only legal heirs of the deceased. 1/4

2. The second petitioner has been examined as PW1. She has produced 5 documents to support her deposition which are listed as Ex.P1 to Ex.P5 at the foot of the order. The online copy of the death certificates of the deceased and the husband of the deceased has been marked as Ex.P1 and Ex.P3. The legal heirship certificate of the deceased has been marked as Ex.P2. A perusal of Ex.P2 clearly shows that the petitioners are the only legal heirs of the deceased. The general paper publications have been effected 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 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 jointly, with the power to collect the securities and receive the interest and dividends, on and to negotiate and transfer the shares and securities mentioned in the schedule to the petition.

Index :Yes/No 2/4

Petitioner's witness:

P.W.1 - Mrs.Gayathridevi Ramachandran Documents exhibited by the petitioners:

Exhibits Documents Ex.P1 Online copy of death certificate of B.Vijayalakshmi dated 17.03.2023.

Ex.P2 Online copy of legal heirship certificate of B.Vijayalakshmi dated 03.05.2024.

Ex.P3 Online copy of death certificate of K.Balaraju dated 26.02.2015.

Ex.P4 Downloaded copy of Account Statement of 12536814/47 dated 10.09.2024.

Ex.P5 Downloaded copy of Account Statement of 12606407/12 dated 10.09.2024.

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K.KUMARESH BABU, J.

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