Andal V v. No Respondent
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 03.03.2025
CORAM
THE HONOURABLE MR.JUSTICE K.KUMARESH BABU Andal.V
...Petitioner
PRAYER: Original Petition filed for grant of Succession Certificate under Section 372 of Indian Succession Act, 1925 read with Order XXV Rule 6 of the Original Side Rules, prays that a Succession Certificate may be granted to the petitioner with power to collect the debts and to receive the interest and dividends on and negotiate and transfer the securities specified in the schedule hereto.
For Petitioner : Mr.S.R.Shenbaga Baabu
ORDER
The petitioner seeks Succession Certificate in respect of the securities held by Late.K.Vasantha Lakshmi, who died intestate on 03.01.2023. The petitioner is the daughter of the deceased. The deceased and her husband had two children one is petitioner and another one is son. The deceased, her son, her daughter in law and her two grandchildren died in a car accident on 03.01.2023. The husband of the deceased predeceased her. The petitioner is 1/5
the only surviving legal heir of the deceased.
2. The petitioner has examined herself as PW1. She has produced the death certificates of the deceased, her husband, her son, her daughter- in-law and her two grandchildren as Ex.P.3, Ex.P5 to Ex.P9. The FIR copy of the car accident as Ex.P10. The legal heir certificate of the deceased and her husband as Ex.P11 and Ex.P12. On perusal of Ex.P11, it shows that the petitioner is the only surviving legal heir of the deceased. A paper publication has been made 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 securities and receive the interest and dividends mentioned in the schedule to the petition.
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Index :Yes/No Petitioner's witness:
P.W.1 - Mrs.V.Andal Documents exhibited by the petitioners:
Exhibits Documents Ex.P1 Photocopy of the Aadhaar Card of Mrs.K.Vasanthalakshmi (Compared with the original) Ex.P2 Photocopy of the Family Card of Mr.V.Venkatakrishnan (Compared with the original) Ex.P3 Computer generated death certificate of Mrs.Vasanthalakshmi. Ex.P4 Photocopy of my AadhaarCard (Compared with the original) Ex.P5 Computer generated death certificate of Mr.V.Venkatakrishnan Ex.P6 Computer generated death certificate of Mr.Vijay Veeraraghavan.
Ex.P7 Computer generated death certificate of Mrs.Vatsala. Ex.P8 Computer generated death certificate of Mr.Vishwajith Krishnan.
Ex.P9 Computer generated death certificate of Mr.Vishnu. Ex.P10 Computer generated FIR No.1/2023 dated 03.01.2023 registered in Veppur Police Station, Cuddalore District. Ex.P11 Computer generated legal heir ship certificate of Mrs.Vasanthalakshmi.
Ex.P12 Computer generated legal heir ship certificate of Mr.Venkatakrishnan.
Ex.P13 Computer generated portfolio valuation report dated 04.08.2023 standing in the name of Mrs.K.Vasanthalakshmi in Franklin Templeton.
Ex.P14 Computer generated statement of UTI Mutual Fund dated 15.11.2023 stands in the name of Mrs.K.Vasanthalakshmi. Ex.P15 Computer generated account statement from 01.10.2022 to 3/5
Exhibits Documents 31.01.2023 of Mrs.K.Vasanthalakshmi bearing A/c.No.00000054017075024 with State Bank of India. Ex.P16 Copy of the paper publication effected in one issue of Tamil daily "Tamizh Murasu" dated 28.07.2024.
Ex.P17 Certificate under Section 65 B of the Indian Evidence Act, 1872.
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K.KUMARESH BABU, J.
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