Murali Ramaswamy v. Sridar Ramaswamy
IN THE HIGH COURT OF JUDICATURE AT MADRAS
Dated: 21.07.2025
CORAM:
THE HONOURABLE MR.JUSTICE K. KUMARESH BABU Murali Ramaswamy ... Petitioner Vs.
Sridar Ramaswamy ... Respondent PRAYER: Original Petition is filed under Section 372 of Indian Succession Act, 1925 r/w. Order XXV, Rule 6 of Original Side Rules, 1956 prays that a Succession Certificate may be granted to the petitioner with power to collect the debts and negotiable and transfer the securities and to receive the interest morefully mentioned specified in the schedule in the petition. For Petitioner : Mr. K. Krishnamoorthy For Respondent : Mr. Avanti Balachander
O R D E R
The petitioner seeks Succession Certificate in respect of the securities and debts held by Late Mr.P.K.Ramaswamy, who died intestate on 07.04.2022 and his wife, Late.Mrs.Shyamala Ramaswamy, who died intestate on 24.08.2011. The petitioner and the respondent are the sons and the sole legal heirs of both the above stated deceased persons.
2. The petitioner has been examined as PW1 and he has produced 6 1/4
documents to support his deposition which are listed as Ex.P1 to Ex.P6 at the foot of the order. He has produced the online copy of the death certificates of his deceased parents, Late.Mr.P.K.Ramaswamy and Late.Mrs.Shyamala Ramaswamy as Ex.P2 and Ex.P1 respectively. The Legal heirship certificate of Mr.P.K.Ramaswamy has been marked as Ex.P3. The perusal of Ex.P3 clearly substantiates that both the petitioner and the respondent are the only legal heirs of both the deceased. The general paper publications have been recorded as effected vide order dated 16.06.2025 and no objections were received for the same.
3. The sole respondent to this petition has expressed his consent to grant the Succession Certificate in favour of the petitioner and his consent affidavit was filed along with the petition. The learned counsel for the respondent has appeared on behalf of him and has reiterated the consent affidavit of the respondent.
4. The assertions in the petition have been duly proved by adducing oral evidence supported by documents. In these circumstances, the petitioner is entitled to the relief.
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5. In view of the above evidence, the Original Petition is allowed granting Succession Certificate in favour of the petitioner, with the power to collect the debts and securities and to negotiate and transfer the securities and receive the interest, mentioned in the schedule to the petition. 21.07.2025 Index :Yes/No AT List of witnesses examined on the side of the petitioner: PW1- Mr. Murali Ramaswamy List of documents marked on the side of the petitioner: Ex.P1 Online copy of the death certificate of Mrs.Shyamala Ramaswamy dated 15.09.2011.
Ex.P2 Online copy of the death certificate of Mr.P.K.Ramaswamy dated 04.05.2022.
Ex.P3 Online copy of the legal heir certificate of Mr.P.K.Ramaswamy dated 06.03.2024.
Ex.P4 Photocopy of the post office NSS Scheme pass book No.2167916057.
Ex.P5 Email from Kfin Technologies Ltd., dated 08.08.2024. Ex.P6 Email from Kfin Technologies Ltd., dated 09.08.2024. 21.07.2025 AT 3/4
K.KUMARESH BABU,J.
AT 21.07.2025 4/4