P. Manoghar v. Premakumari And 2 Others

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 24.07.2025

CORAM

THE HONOURABLE MR.JUSTICE K.KUMARESH BABU Mr.P.Manoghar ... Petitioner vs.

1.Mrs.Premakumari 2.Mr.Prabhakar 3.Mrs.Thamil Selvi ... Respondents PRAYER: Original Petition filed for Succession Certificate under Section 372 of the Indian Succession Act read with Order XXV Rule 6 of Original Side Rules, prays that a Succession Certificate may be granted to the petitioner Mr.P.Manoghar with the power to collect the securities and dividends and negotiate and transfer the securities specified in the schedule hereto.

For Petitioner : Mr.M.Guberamoorthy For Respondent : Mr.G.Purushothaman 1/6

ORDER

The petitioners seek Succession Certificate in respect of the securities held by Mr.D.Panneer Selvam @ D.P.Selvam, who died intestate on 16.04.2022. The deceased had gotten married to the 1st respondent and had begotten the petitioner along with the respondents 2 and 3 as his children. Therefore the petitioner and the respondents 1 to 3 are the only legal heirs of the deceased.

2. The petitioner has been examined as PW1. He has produced 17 documents to support his deposition which are listed as Ex.P1 to Ex.P12 and Ex.C1 to Ex.C5. The online copy of the death certificate of the deceased has been marked as Ex.P1. The legal heriship certificate of the deceased has been marked as Ex.P2. The perusal of the Ex.P2 clearly proves that the petitioner and the respondents 1 to 3 are the only legal heirs of the deceased. The general paper publications has been effected which are marked as Ex.C1 and Ex.C2 and no objections have been received.

3. The respondents 1 to 3 have expressed their consent to grant the succession certificate in favour of the petitioner and their respective consent affidavits have been marked as Ex.C3 to Ex.C5. The learned counsel who 2/6

had appeared on behalf of the respondents 1 to 3 has reiterated the respective consent affidavits of the respondents.

4. 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.

5. 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 and negotiate and transfer the securities mentioned in the schedule to the petition. Index :Yes/No Speaking: Yes/ No 3/6

Petitioner's witness:

P.W.1 - P.Manoghar Documents exhibited by the petitioner:

Exhibits Documents Ex.P1 Online copy of the death certificate of D.Panneer Selvam (date of death 16.04.2022), dated 06.05.2022 Ex.P2 Legal heirship certificate of D.Panneer Selvam, dated 26.06.2022 Ex.P3 Aadhar Card of D.Panneer Selvam (deceased) (Original produced, verified and returned) Ex.P4 Aadhar card of the 1st respondent Mrs.Premakumari (Original produced, verified and returned) Ex.P5 Pan Card of the 1st respondent Mrs.Premakumari (Original produced, verified and returned) Ex.P6 Aadhar card of the petitioner Mr.P.Manoghar (Original produced, verified and returned) Ex.P7 Pan card of the petitioner Mr.P.Manoghar (Original produced, verified and returned) Ex.P8 Aadhar card of the second respondent Mr.P.Prabhakar, (Original produced, verified and returned) Ex.P9 Aadhar card of the third respondent Mrs.Thamilselvi (Original produced, verified and returned) Ex.P10 Email sent by the petitioner to the ICICI Bank, dated 06.11.2024.

Ex.P11 Reply email by ICICI bank enclosed with Demat Account statement stands in the name of D.Panneer Selvam @ D.P.Selvam, dated 06.11.2024 Ex.P12 Share certificate issued by Sterling Holidays (Ooty) Limited, dated 08.03.2005 Ex.C1 Paper publication in Southern Mail India English Daily, dated 15.03.2025 4/6

Exhibits Documents Ex.C2 Paper publication in Thina Kural Tamil Daily, dated 07.03.2025 Ex.C3 Consent affidavit of the 1st respondent Mrs.Premakumari Ex.C4 Consent affidavit of the second respondent Mr.P.Prabhakar Ex.C5 Consent affidavit of the third respondent Mrs.Thamilselvi 5/6

K.KUMARESH BABU,J.

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