Vani Shyamsundar v. R.Mohan And Two Others

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 12.03.2025

CORAM

THE HONOURABLE MR.JUSTICE K.KUMARESH BABU Vani Shyamsundar

...Petitioner

vs.

1.R.Mohan 2.Preethi Prasan 3.Shyamsundar Rajadeepan

...Respondents

PRAYER: Original Petition filed for Succession Certificate under Section 372 of Indian Succession Act read with Order XXV Rule 6 of O.S.Rules, praying that this Hon'ble Court may pleased to a. That the succession certificate may be granted to the petitioner with power to collect the debts and dividends on and negotiate and transfer the securities, debts and to receive the interest specified in the schedule hereto. b. Pass such further or other orders as this Hon'ble Court may deem fit and proper in the circumstances of the case and thus render justice. For Petitioners : Mr.K.Natarajan For Respondent : No appearance

ORDER

The petitioner seeks Succession Certificate in respect of the securities held by Late Rajaratnam.S, who died intestate on 18.07.2020. The petitioner 1/5

is the daughter in law of the deceased through his son. The first respondent is the son of the deceased and the respondent 2 and 3 are the grandchildren of the deceased through his son. The wife of the deceased predeceased him.

2. The petitioner has examined herself as PW1. She has produced the online copy of the death certificates of the deceased Late Rajaratnam .S, his wife and his son as Ex.P3, Ex.P1 and Ex.P5. The legal heir certificates of the deceased, his wife and his son as Ex.P4, Ex.P2 and Ex.P6. A perusal of Ex.P4 and Ex.P2, shows that the deceased and his wife had two children including the first respondent and the other son died. A perusal of Ex.P6, shows that the deceased son had a wife and two children who are the petitioner and the respondents 2 and 3 herein. From the above exhibits, it can be inferred that the petitioner and the respondents are the surviving legal heirs of the deceased. The respondents inspite of service of notice on them, had kept themselves away from this proceeding. 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.

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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 Petitioner's witness:

P.W.1 - Mrs.Vani Shayamsundar Documents exhibited by the petitioners:

Exhibits Documents Ex.P1 Online copy of the Death certificate of Jamuna Rajaratnam dated 24.08.2016.

Ex.P2 Photocopy of the Legal Heir Certificate of Jamuna Rajaratnam dated 27.10.2016. (Original Legal Heir Certificate is produced and returned) Ex.P3 Online copy of the Death certificate of Rajaratnam dated 29.07.2020.

Ex.P4 Online copy of the Legal Heir certificate of Rajaratnam dated 24.09.2020.

Ex.P5 Online copy of the Death certificate of Shayamsundar dated 29.07.2020.

Ex.P6 Online copy of the Legal heir certificate of Shayamsundar dated 24.09.2020.

Ex.P7 Photocopy of the Aadhaar card of R.Mohan.

Ex.P8 Photocopy of the Aadhaar card of Vani Shayamsundar (Original Aadhar card is produced and returned) Ex.P9 Photocopy of the Aadhaar card of Preethi Parasan. 3/5

Exhibits Documents Ex.P10 Photocopy of the Aadhaar card of Shayamsundar Rajadeepan. Ex.P11 Online copy of Letter from integrated enterprises (India) P.Ltd dated 14.02.2022.

Ex.P12 Original of the Government of India National Savings Certificate (15 Nos) Ex.P13 Original of the Indian Postal Department-Post Office fixed Deposit Account No.3848964596.

Ex.P14 Original of the Indian Postal Department-Post Office fixed Deposit Account No.4457615589.

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K.KUMARESH BABU, J.

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