R.Saravanan v. No Respondent

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 28.03.2025

CORAM

THE HONOURABLE MR.JUSTICE K.KUMARESH BABU R.Saravanan

...Petitioner

PRAYER: Original Petition filed 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 with power to collect the securities and to receive the interest and dividends there on and negotiate and transfer the securities specified in the schedule herein. For Petitioner : Mr.M.P.Mohandass

ORDER

The petitioner seeks Succession Certificate in respect of the securities held by Late.Mrs.S.Jayanthi Kumari, who died intestate on 27.03.2000. The petitioner is the son of the deceased.

2. The petitioner has been examined as PW1. He has produced the computer generated death certificates of the deceased Late.Mrs.S.Jayanthi Kumari, her husband Late.Mr.Rajasekaran and her son Late.Mr.R.Hariharan as Ex.P2, Ex.P4 and Ex.P6. The legal heirship certificates of the deceased 1/4

and Late.Mr.Rajasekaran has been marked as Ex.P3 and Ex.P5. On the perusal of Ex.P3 and Ex.P5 shows that the petitioner is the only legal heir of the deceased Late.Mrs.S.Jayanthi Kumari. The paper publication has been and is marked as Ex.P9, no objections have been received for the same.

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 petitioner, with the power to collect the securities and receive the interest and dividends mentioned in the schedule to the petition.

Index :Yes/No Petitioner's witness:

P.W.1 - Mr.R.Saravanan Documents exhibited by the petitioners:

Exhibits Documents Ex.P1 Copy of email dated 29.03.2022 sent by Exide Industries Ltd to my counsel in respect of shares held by 2/4

Mrs.S.Jayanthi Kumari in Folio No.048373.

Ex.P2 Computer generated death certificate of Mrs.Jayanthi Kumari Sekaran.

Ex.P3 Original Legal heirship certificate of Mrs.Jayanthi Kumari Sekaran.

Ex.P4 Computer generated death certificate of Mr.Rajasekaran. Ex.P5 Computer generated legal heir certificate of Mr.Rajasekaran.

Ex.P6 Computer generated death certificate of Mr.R.Hariharan. Ex.P7 Photocopy of my Aadhar card (Compared with the original) Ex.P8 Certificate under Section 65 B of the Indian Evidence Act, 1872.

Ex.P9 Copy of paper publication effected in one issue of Tamil daily "Makkal Kural" dated 01.09.2024.

K.KUMARESH BABU, J.

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