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Madras High CourtOP/18/2025ordered

Mrs. Anitha Pandian And Another v. No Respondent

2025-08-05Honourable Mr.Justice K.Kumaresh Babu4 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 05.08.2025

CORAM

THE HONOURABLE MR.JUSTICE K.KUMARESH BABU 1.Anitha Pandian 2.Arvind.P ... Petitioners PRAYER: Original Petition filed under Section 372 of the Indian Succession Act (XXXIX of 1925) r/w. Order XXV Rule 6 of the Original Side Rules praying to grant Succession Certificate to the petitioners with power to collect the securities and to receive the interest and dividends on and negotiate and transfer the securities specified in the Schedule hereto. For Petitioners :

Mr.S.Thiruvengadam

ORDER

The petitioners seek Succession Certificate in respect of the securities held by Mr.K.Pandian, who died intestate on 05.08.2020. The petitioners are the children of the deceased.

2. The petitioners submit that the deceased was married to one Mrs.Madhumathy and the couple had begotten the petitioners 1 and 2 as their children. The petitioners submit that their mother Late.Mrs.Madhumathy had predeceased father on 15.06.1985 and the parents of the deceased had already 1/4

predeceased him, leaving behind the petitioners 1 and 2 as the sole legal heirs of the deceased. Therefore the petitioners contend that as the sole legal heirs of the deceased they are entitled to the securities held by the deceased.

3. The second petitioner has been examined as PW1.He has produced 7 documents to support his deposition which are listed as Ex.P1 to Ex.P5 and Ex.C1 and Ex.C2, as listed under the foot of the order. The online copy of the death certificate of the deceased has been marked as Ex.P1. The photocopy of the death certificate of the wife of the deceased has been marked as Ex.P2. The online copy of the legal heirship certificate of the deceased has been marked as Ex.P3 and from perusing the same it can be substantiated that the petitioners are the sole legal heirs of the deceased. The general paper publications have 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 petitioners are entitled to the relief.

5. In view of the above evidence, the Original Petition is allowed granting Succession Certificate in favour of the petitioners, with the power to collect the securities and to receive the interest and dividends on and 2/4

negotiate and transfer the securities mentioned in the schedule to the petition. 05.08.2025 dsa Index :Yes/No Petitioners' witness:

Mr.P.Aravind (PW1) Documents exhibited by the petitioners:

Exhibits Documents Ex.P1 Online copy of the death certificate of late K.Pandian dated 28.10.2020.

Ex.P2 Photocopy of the death certificate of late Madhumathy dated 25.06.2014.

Ex.P3 Online copy of the legal heir certificate of Pandian, dated 13.04.2021. Ex.P4 Photocopy of the equity shares certificate, dated 01.09.2017. (Original produced, compared and returned).

Ex.P5 Letter correspondence signed by KFIN Technologies dated 05.09.2024.

Ex.C1 Paper publication in English newspaper "Trinity Mirror" dated 11.03.2025.

Ex.C2 Paper publication in Tamil newspaper "Makkal Kural" dated 19.03.2025.

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K.KUMARESH BABU, J.

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