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Madras High CourtOP/842/2024ordered

K.N.Subramanian And 5 Others v. No Respondent

2025-06-24Honourable Mr.Justice K.Kumaresh Babu5 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 24.06.2025

CORAM

THE HONOURABLE MR.JUSTICE K.KUMARESH BABU 1.K.N.Subramanian 2.K.N.Anantha Lakshmi 3.K.N.Rajalakshmi 4.K.N.Parasuraman 5.Chithra Ramajayam 6.K.N.Gopalakrishnan

...Petitioners

PRAYER: Original Petition filed under Section 372 of the Indian Succession Act XXXIX of 1925 read with Order XXV Rule 6 of the Madras High Court Original Side Rules, praying that a Succession Certificate may be granted to the 1st petitioner with the power to collect the Debts and to receive interest, dividends thereon and negotiate and transfer the Equity Shares of Abbott India Limited as listed out in the schedule.

For Petitioner : Mr.V.Ramana Reddy

ORDER

The petitioners seek Succession Certificate in favour of the 1st petitioner in respect of the debts and securities held by Late.Mr.K.S.Narayanaswamy and Late.Mrs.K.P.Saradambal, both of them who died intestate on 27.06.2011 and 13.06.2019. The petitioners are the immediate legal heirs of the deceased couple. 1/5

2. The first petitioner has been examined as PW1, he had marked about 12 documents which are listed as Ex.P1 and Ex.P12 at the foot of the order. The death certificates of the deceased couple Mr.K.S.Narayanaswamy and Mrs.K.P.Saradambal are marked as Ex.P2 and Ex.P4 respectively. The legal heirship certificates of both Mr.K.S.Narayanaswamy and Mrs.K.P.Saradambal are marked as Ex.P3 and Ex.P5. The photocopies of the Aadhar card of the petitioners 1 to 6 have been marked as Ex.P7 to Ex.P12. The PAN card of the 1st petitioner is marked as Ex.P6. The perusal of Ex.P3 and Ex.P5 clearly proves that the petitioners 1 to 6 are the only legal heirs of the deceased couple. A general paper publication had been effected and no objections were received for the same.

3. The assertions in the petition have been duly proved by adducing oral evidence supported by documents. In these circumstances, the first petitioner is entitled to the relief.

4. In view of the above evidence, the Original Petition is allowed granting Succession Certificate in favour of the first petitioner, with the power to collect the debts and receive the interest and dividends thereon and negotiate and transfer the Equity shares of the securities mentioned in the 2/5

schedule to the petition.

Index :Yes/No Petitioner's witness:

P.W.1 - Mr.K.N.Subramanian Documents exhibited by the petitioners:

Exhibits Documents Ex.P1 Equity shares of Abbott India Limited vide Account/Folio No.N01137 (original is produced, compared and returned to the counsel for the petitioner) Ex.P2 Photocopy of the Death Certificate of Mr.K.S.Narayanaswamy dated 08.03.2013.

Ex.P3 Photocopy of the legal heir certificate of Mr.K.S.Narayanaswamy dated 16.03.2024.

Ex.P4 Photocopy of the death certificate of Mrs.K.P.Saradambal dated 09.07.2019.

Ex.P5 Photocopy of the legal heir certificate of Mrs.K.P.Saradambal dated 16.05.2024.

Ex.P6 Photocopy of the PAN Card of the 1st petitioner. (original is produced, compared and returned to the petitioner's counsel) Ex.P7 Photocopy of the Aadhar card of the 1st petitioner.(original is produced, compared and returned to the petitioner's counsel) Ex.P8 Photocopy of the Aadhar Card of the 2nd petitioner.(original is produced, compared and returned to the petitioner's counsel) Ex.P9 Photocopy of the Aadhar Card of the 3rd petitioner.(original is produced, compared and returned to the petitioner's counsel) Ex.P10 Photocopy of the Aadhar Card of the 4th petitioner.(original is produced, compared and returned to the petitioner's counsel) Ex.P11 Photocopy of the Aadhar Card of the 5th petitioner.(original 3/5

is produced, compared and returned to the petitioner's counsel) Ex.P12 Photocopy of the Aadhar Card of the 6th petitioner.(original is produced, compared and returned to the petitioner's counsel) 4/5

K.KUMARESH BABU, J.

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