K. Jayasekar v. No Respondent

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 01.07.2025

CORAM

THE HONOURABLE MR.JUSTICE K.KUMARESH BABU K.Jayasekar

...Petitioner

PRAYER: Original Petition filed under Section 372 of Indian Succession Act, 1925 R/W Order XXV Rule 6 of Original Side Rules to issue Succession Certificate to the above named petitioner with power to collect the debts and along with interest specified in the schedule hereto For Petitioner : Ms.B.Sharmila

ORDER

The petitioner seeks Succession Certificate in respect of the debts and securities held by Late Mr.K.J.Sudha Shankar, who died intestate on 30.12.2023. The petitioner is the father of the deceased. The petitioner submits that the mother of the deceased Late Mrs.Usha Rani predeceased him on 21.11.2022 and the above said deceased died as bachelor without any issues leaving behind the petitioner as his sole legal heir.

2. The petitioner has been examined as PW1, he had produced 6 1/4

documents to support his deposition which are listed as Ex.P1 to Ex.P6 at the foot of the order. The online copy of the death certificates of the deceased and the mother of the deceased are marked as Ex.P4 and Ex.P2 respectively. The online copy of the legal heirship certificate of the deceased is marked as Ex.P5. On perusal of Ex.P5 clearly proves that the petitioner is the sole legal heir of the deceased. A paper publication has been effected and no objections have been received.

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.

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 securities along with the interests mentioned in the schedule to the petition.

Index :Yes/No Petitioner's witness:

P.W.1 - Mr.K.Jayasekar 2/4

Documents exhibited by the petitioners:

Exhibits Documents Ex.P1 Original LIC Bond of the petitioner's deceased son Mr.Sudha Shankar K J dated 21.12.2020.

Ex.P2 Online copy of death certificate of Petitioner's wife Mrs.K.Usharani dated 21.11.2022.

Ex.P3 Online copy of legal heir ship certificate of the petitioner's deceased wife Mrs.K.Usharani dated 21.06.2023. Ex.P4 Online copy of death certificate of petitioner's deceased son Mr.Sudha Shakar K J dated 30.12.2023.

Ex.P5 Online copy of legal heir ship certificate of petitioner's deceased son Mr.Sudha Shakar K J dated 02.05.2024. Ex.P6 Photocopy of Aadhaar Card of the petitioner.

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K.KUMARESH BABU, J.

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