Vinay Chand C And 2 Others v. No Respondent

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 30.06.2025

CORAM

THE HONOURABLE MR.JUSTICE K.KUMARESH BABU 1.Vinay Chand C 2.Balchand 3.Roopesh Kumar

...Petitioner

vs.

Nil

...Respondents

PRAYER: Original Petition filed under Section 372 of Indian Succession Act 1925 read with Order XXV Rule 6 of the Madras High Court Original Side Rules, prays that a Succession Certificate may be granted to the petitioners with the 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 Petitioners : Mr.A.J.Mohamed Kassim For Respondents : No respondent 1/5

ORDER

The petitioners seek Succession Certificate in favour of the petitioners in respect of the securities held by Late B.Chainraj who died intestate on 24.10.1994. The petitioners are the sons of the deceased. The wife of the deceased died on 07.04.2017 and the parents of the deceased predeceased him.

2. The first petitioner has been examined as PW1. He has produced the death certificates of the deceased and the wife of the deceased as Ex.P1 and Ex.P3. The legal heir certificates of the deceased and his Wife as Ex.P2 and Ex.P4. On perusal of Ex.P2, it shows that the deceased had died leaving behind his wife and three sons who are the petitioners herein. Ex.P4 shows that the wife of the deceased died leaving behind the petitioners who are their sons as surviving legal heirs. From the above observation, it can be inferred that the petitioners are the only surviving legal heirs of the deceased.

3. 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.

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

P.W.1 - Mr.Vinay Chand Documents exhibited by the petitioners:

Exhibits Documents Ex.P1 Photocopy of the Death Certificate of Mr.B.Chainraj dated 11.11.2024.(Compared with original) Ex.P2 Photocopy of the Legalheirship Certificate of Mr.B.Chainraj dated 16.11.1994.(Compared with true copy) Ex.P3 Photocopy of the Death Certificate of C.Rashal Bai dated 26.02.2024.

Ex.P4 Photocopy of the Legalheirship Certificate of C.Rashal Bai dated 12.06.2017.(Compared with original) Ex.P5 Photocopy of the Pan Card of Vinaychand.(Compared with original) Ex.P6 Photocopy of the Aadhaar Card of Vinaychand.(Compared with the original) 3/5

Ex.P7 Photocopy of the Pan Card of Balachand.(Compared with original) Ex.P8 Photocopy of the Aadhaar Card of Balchand.(Compared with original) Ex.P9 Photocopy of the Pan Card of Roopesh Kumar.(Compared with original) Ex.P10 Photocopy of the Aadhaar Card of Roopesh Kumar.(Compared with original) Ex.P11 Letter to the petitioner's father intimating allotment of Bonus shares of Jindal Steel and Power Ltd dated 19.09.2009.(Compared with original) Ex.P12 Photocopy of the Share Certificate No.506377 issued by Jindal Steel and Power Ltd dated 19.09.2009.

Ex.P13 Photocopy of the Share Certificate No.500088 issued by Jindal Steel and Power Ltd dated 19.09.2009.

Ex.P14 Letter to the petitioner's father intimating allotment of Bonus shares of Jindal Steel and Power Ltd dated 19.09.2009.(Compared with original 4/5

K.KUMARESH BABU, J.

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