S.Srikanthi And Another v. No Respondent
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 01.07.2025
CORAM
THE HONOURABLE MR.JUSTICE K.KUMARESH BABU 1.Mr.S.Srikanth 2.Mrs.Jayashri Upendiran
...Petitioners
PRAYER: Original Petition filed under Section 372 & 300 of Indian Succession Act read with Order XXV Rule 6 of Madras High Court Original Side Rules, prays that a Succession Certificate may be granted to the 1st petitioner with power to collect the debts and dividends on and negotiate and transfer the securities specified in the schedule hereto. For Petitioners : Mr.C.P.R.Kamaraj
ORDER
The petitioners seek Succession Certificate in favour of the 1st petitioner in respect of the securities held by Late S.Padma, who died intestate on 09.09.1989. Both the petitioners 1 and 2 are the children of the deceased.
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2. The petitioners submit that the deceased got married to one Mr.B.Subbachar and had begotten the petitioners as their only children out of their wedlock. The petitioners further state that their father Late Mr.B.Subbachar died on 02.02.2011 leaving behind the petitioner as the only legal heirs of the deceased.
3. The first petitioner has been examined as PW1 and he had produced 20 documents to support his deposition which are listed as Ex.P1 to Ex.P20 in the foot of the order. The death certificate of the deceased and the husband of the deceased has been marked as Ex.P1 and Ex.P2 respectively. The photocopy of the legal heirship certificate of the deceased has been marked as Ex.P3. A perusal of Ex.P3 proves that both the petitioners 1 and 2 are the only legal heirs of the deceased. A paper publication has been effected and no objections have been received.
4. The assertions in the petition have been duly proved by adducing oral evidence supported by documents. In these circumstances, the 1st 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 1st petitioner, with the power to collect the debts and securities and dividends on and negotiate and transfer the securities mentioned in the schedule to the petition. Index :Yes/No Petitioner's witness:
P.W.1 - Mr.S.Srikanth Documents exhibited by the petitioners:
Exhibits Documents Ex.P1 Original Death Certificate of S.Padma dated 14.03.1990. Ex.P2 Online copy of Death Certificate of B.Subbachar dated 08.02.2011.
Ex.P3 Photocopy of the Legal Heir ship Certificate dated 02.03.2011.
Ex.P4 Photocopy of the Share certificate of Deceased Padma bearing No.00047815 dated 01.11.1983.
Ex.P5 Photocopy of the Share certificate of Deceased Padma bearing No.00117825 dated 24.05.1985.
Ex.P6 Photocopy of the Share certificate of Deceased Padma bearing No.00229715 dated 30.11.1985.
Ex.P7 Photocopy of the Share certificate of Deceased Padma bearing No.00324337 dated 01.04.1987.
Ex.P8 Photocopy of the Share certificate of Deceased Padma 3/5
bearing No.00490803 dated 31.10.1988.
Ex.P9 Photocopy of the Share certificate of Deceased Padma bearing No.00031750 dated 08.12.1989.
Ex.P10 Photocopy of the Share certificate of Deceased Padma bearing No.00031751 dated 08.12.1989.
Ex.P11 Photocopy of the Share certificate of Deceased Padma bearing No.00160250 dated 09.11.1990.
Ex.P12 Photocopy of the Share certificate of Deceased Padma bearing No.00160249 dated 09.11.1990.
Ex.P13 Photocopy of the Share certificate of Deceased Padma bearing No.01088704 dated 24.11.1995.
Ex.P14 Photocopy of the Share certificate of Deceased Padma bearing No.01088705 dated 24.11.1995.
Ex.P15 Photocopy of the Share certificate of Deceased Padma bearing No.01088706 dated 24.11.1995.
Ex.P16 Photocopy of the Share certificate of Deceased Padma bearing No.01088707 dated 24.11.1995.
Ex.P17 Photocopy of the Share certificate of Deceased Padma bearing No.01088708 dated 24.11.1995.
Ex.P18 Photocopy of the Share certificate of Deceased Padma bearing No.01088709 dated 24.11.1995.
Ex.P19 Photocopy of the Share certificate of Deceased Padma bearing No.01088710 dated 24.11.1995.
Ex.P20 Photocopy of the Share certificate of Deceased Padma bearing No.01088711 dated 24.11.1995.
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K.KUMARESH BABU, J.
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