Mahalakshmi Palani v. No Respondent

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 21.04.2025

CORAM

THE HONOURABLE MR.JUSTICE K.KUMARESH BABU Mahalakshmi Palani

...Petitioner

PRAYER: Original Petition filed under Section 372 of Indian Succession Act (39) of 1925 read with Order XXV Rule 6 of Original Side Rules, prays that a succession certificate may be granted to the petitioner with powers to collect the securities and to receive the interest and dividends thereon and negotiate and transfer the securities specified in the schedule hereunder. For Petitioner : M/s.T.K.S.Bharathy Shri

ORDER

The petitioners seek Succession Certificate in respect of the securities held by Late.Mr.K.Palani, who died intestate on 01.02.2002. The petitioner is the wife of the deceased and the couple did not have any issues in the duration of their marriage.

2. The petitioner has been examined as PW1. She has produced the photocopy of the death certificate of the deceased Late.Mr.K.Palani as Ex.P2. The photocopy of the legal heirship certificate of the deceased has been 1/4

marked as Ex.P3. A perusal of Ex.P3 shows that the petitioner is the only legal heir of the deceased. A paper publication has been made which are marked as Ex.P5 and Ex.P6, 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 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 and negotiate and transfer the securities mentioned in the schedule to the petition. gba Index :Yes/No Petitioner's witness:

P.W.1 - Mrs.Mahalakshmi Palani Documents exhibited by the petitioners:

Exhibits Documents Ex.P1 Link Intime Pvt Ltd Letter regarding share certificates in the name of deceased dated 24.08.2024.

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Ex.P2 Photocopy of the Death Certificate of Mr.Palani dated 30.09.2024.

Ex.P3 Photocopy of the Legal Heirship Certificate of Mr.K.Palani dated 17.12.2002.(Compared with original) Ex.P4 Photocopy of the Aadhaar of the petitioner.(Compared with original) Ex.P5 Paper Publication effected in the Tamil Daily Makkal Kural dated 11.03.2025.

Ex.P6 Paper Publication effected in the English Daily Trinity Mirror dated 18.03.2025.

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K.KUMARESH BABU, J.

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