B.Kumar v. No Respondent

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 26.03.2025

CORAM

THE HONOURABLE MR.JUSTICE K.KUMARESH BABU Mr.B.Kumar

...Petitioner

PRAYER: Original Petition filed under Section 372 of the Indian Succession Act (XXXIX of 1925) for grant of Succession Certificate read with Order XXV Rule 6 of the O.S. Rules, prays that a Succession Certificate may be granted to the petitioner namely B.Kumar with power to collect the debt and to receive the interest therein as specified in the schedule hereto and thus render justice.

For Petitioner : Mr.Abdul Rahman For M/s.G.Paul Einstein

ORDER

The petitioner seek Succession Certificate in respect of the securities held by Late.Mrs.K.Shanthi, who died intestate on 18.09.2020. The petitioner is the husband of the deceased.

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2. The petitioner has been examined as PW1. He has produced the computer generated death certificate of the deceased Late.Mrs.K.Shanthi as Ex.P6. The photocopy of his family card is marked as Ex.P2. The legal heirship certificate of the Late.Mrs.K.Shanthi marked as Ex.P7. On the perusal of Ex.P7, its clear that the petitioner is the only surviving legal heir of the deceased Late.Mrs.K.Shanthi. A paper publication has been made which is marked as Ex.P9 and no objections have been 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 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 petitioner, with the power to collect the securities and receive the interest and dividends mentioned in the schedule to the petition.

Index :Yes/No 2/4

Petitioner's witness:

P.W.1 - Mr.B.Kumar Documents exhibited by the petitioners:

Exhibits Documents Ex.P1 Photocopy of the Chief Minister Comprehensive Health Insurance Scheme Card of the petitioner and the deceased persons. (Compared with the original) Ex.P2 Photocopy of my Family Card (Compared with the original) Ex.P3 Photocopy of the Tamil Nadu State Apex Cooperative Bank Ltd Savings Account Passbook bearing Account No.208063523 stands in the name of Mrs.K.Shanthi/R.Kasthuri (Compared with the original) Ex.P4 Photocopy of the passbook of Indian Bank bearing Account No.6301622916 standing in the name of Mrs.Shanthi Kumar (Compared with the original) Ex.P5 Photocopy of the deposit receipt of Indian Bank bearing No.0719922 of Mrs.Shanthi Kumar (Compared with the original) Ex.P6 Computer generated death certificate of Mrs.Shanthi. Ex.P7 Computer generated legal heirship certificate of Mrs.K.Shanthi.

Ex.P8 Certificate under Section 65 B of the Indian Evidence Act, 1872.

Ex.P9 Copy of the paper Publication effected in one issue of Tamil Daily "Makkal Kural" dated 13.09.2024.

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K.KUMARESH BABU, J.

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