S.Vasudevan v. No Respondent
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 23.06.2025
CORAM
THE HONOURABLE MR.JUSTICE K.KUMARESH BABU S.Vasudevan
...Petitioner
PRAYER: Original Petition filed under Section 372 of Indian Succession Act, 1925, read with Order XXV Rule 6 of O.S. Rules, prays that this Hon'ble Court be pleased to issue and grant Succession Certificate to and in favour of the petitioner with power to collect the debts and to receive the interest specified in the schedule hereto.
For Petitioner : Mr.T.S.Rajamohan
ORDER
The petitioner seeks Succession Certificate in respect of the securities held by Late Mrs.S.Vaijayanthimala, who died intestate on 27.04.2019. The petitioner is the brother of the deceased. The petitioner submits that his sister, the deceased Mrs.Vaijayanthimala got married to one Late.Mr.P.Sundarajan who predeceased her on 20.07.2004 and the couple had not begotten any issues from their marriage. The petitioner further states that the mother and father of the deceased had already predeceased her, leaving behind him as the 1/5
sole legal heir of the deceased.
2. The petitioner has been examined as PW1. He has produced the photocopy of the death certificates of the deceased Mrs.S.Vaijayanthimala as Ex.P6; the husband of the deceased Mr.P.Sundarajan as Ex.P4; the mother and father of the deceased as Ex.P5 and Ex.P1 respectively. The legal heirship certificate of the deceased Late Mrs.S.Vaijayanthimala had been marked as Ex.P7. The photocopy of the aadhar card of the deceased and the petitioner had been produced as Ex.P2 and Ex.P3 respectively. The Ex.P7 absolutely substantiates the claim made in the petition that the petitioner is the sole legal heir of the deceased. The general paper publications had 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 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 debts and securities and receive the interests mentioned in the 2/5
schedule to the petition.
Index :Yes/No Petitioner's witness:
P.W.1 - Mr.S.Vasudevan Documents exhibited by the petitioner:
Exhibits Documents Ex.P1 Photocopy of the Death Certificate of B.Srinivasan father of the petitioner dated 19.05.1997.
Ex.P2 Photocopy of the Aadhar card of S.Vaijayanthimala. Ex.P3 Photocopy of the Aadhar card of the petitioner. Ex.P4 Photocopy of the Death Certificate of P.Sundarajan husband of S.Vaijayanthimala dated 20.07.2004.
Ex.P5 Photocopy of the Death Certificate of Petitioner's mother dated 23.06.2016.
Ex.P6 Photocopy of the Death Certificate of S.Vaijayanthimala dated 27.04.2019.
Ex.P7 Photocopy of the Legal Heirship Certificate of S.Vaijayanthimala dated 19.09.2023.
Ex.P8 Photocopy of the Family Ration Card.
Ex.P9 Photocopy of the Deposit Receipt vide No.01670400003935 dated 31.01.2019.
Ex.P10 Photocopy of the Amount lying in the savings bank account No.300093442969.
Ex.P11 Photocopy of the Amount lying in the savings bank account No.221043759.
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Ex.P12 Photocopy of the Amount lying in the savings bank account No.0912101057912.
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K.KUMARESH BABU, J.
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