Hyma Govindan And 5 Others v. No Respondent

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 01.07.2025

CORAM

THE HONOURABLE MR.JUSTICE K.KUMARESH BABU 1.Hyma Govindan 2.Sheethal Govindan 3.Sagari Sunitha Govindan 4.Sivakambika Ramakrishnan 5.Rohini G.Vijayan 6.Chakiat Balagangadhara Ramkumar

...Petitioners

PRAYER: Original Petition filed under Section 372 of the Indian Succession Act, 1925 and under Order XXV Rule 6 of O.S.Rules praying that a succession certificate may be granted to the 1st petitioner with power to collect the Securities and receive the interest and dividends thereon and negotiate and transfer the Securities specified in the Schedule hereto. For Petitioners : Mr.S.Rajasekar

ORDER

The petitioners seek Succession Certificate in favour of the 1st petitioner in respect of the securities held by Late Chakiat Balagangadara Govindan, who died intestate on 23.02.2016. The petitioners 1 to 3 are the legal heirs of the deceased and the petitioners 4 to 6 are the siblings of the deceased.

1/5

2. The petitioners submit that the 1st petitioner is the wife and the 2nd and 3rd petitioners are the daughters of the deceased. The petitioners 1 to 3 along with the mother of the deceased Late Mrs.Radha B Menon, were the only legal heirs of the deceased. The mother of the deceased Mrs.Radha B Menon died intestate on 13.06.2018 and the petitioners 4 to 6 are impleaded as her legal heirs. The petitioners hereby submit that the petitioners 1 to 3 are entitled to 39/48th share each and subsequently the petitioners 4 to 6 are entitled to 3/48th share each from the securities mentioned in the schedule of the petition. The petitioners 2 to 6 have expressed their consent to grant the Succession Certificate in favour of the 1st petitioner and their respective consent affidavits are have been filed along with the petition.

3. The 1st petitioner has been examined as PW1, she had produced 6 documents to support her deposition which are listed as Ex.P1 to Ex.P6 at the foot of the order. The online death certificate of the deceased and the mother of the deceased has been marked as Ex.P1 and Ex.P2 respectively. The legal heir certificate of the deceased has been marked as Ex.P3. From a perusal of Ex.P3 it can be substantiated that the petitioners 1 to 3 are the only immediate of the deceased. The general paper publication has been effected which are marked as Ex.P5 and Ex.P6 and no objections have been received. 2/5

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.

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 securities and receive the interest and dividends thereon and negotiate and transfer the securities mentioned in the schedule to the petition. Index :Yes/No Petitioner's witness:

P.W.1 - Mrs.Hyma Govindan Documents exhibited by the petitioners:

Exhibits Documents Ex.P1 Online copy of Death certificate of Chakiat Balagangadara Govindan dated 25.02.2016.

Ex.P2 Online copy of Death certificate of Radha B Menon dated 13.06.2018.

Ex.P3 Photocopy of the Legal heirship certificate of Chakiat Balagangadara Govindan dated 28.07.2016.

Ex.P4 Photocopy of the Statement of Holdings issued by 3/5

R.K.Global shares securities limited dated 16.02.2024. Ex.P5 Paper publication in English News Paper "Trinity Mirror"dated 18.03.2025.

Ex.P6 Paper publication in Tamil news "Malai Tamizagam"dated 11.03.2025.

(Affidavit under Section 65 B of the Indian Evidence Act filed and recorded) 4/5

K.KUMARESH BABU, J.

5/5