Savita. S And 2 Others v. No Respondent

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 21.08.2025

CORAM

THE HONOURABLE MR.JUSTICE K.KUMARESH BABU 1.Savita.S 2.Luveena.S 3.Krithika.S

...Petitioners

PRAYER: Original Petition filed under Section 372 of the Indian Succession Act, 1925, read with Order XXV Rule 6 of O.S. Rules, prays that a Succession Certificate may be granted to the 1st petitioner with power to collect the debts and receive the interest and dividends on and negotiate and transfer the securities specified in the schedule hereto. For Petitioners : M/s.C.S.Sreenedhi

ORDER

The petitioners seek Succession Certificate in favour of the 1st petitioner, in respect of the securities held by Mr.D.Suresh Chand, who died intestate on 12.03.2024. The petitioners are the legal heirs of the deceased. The petitioner submits that the 1st petitioner got married to the above said deceased and the couple had begotten the 2nd and 3rd petitioners as their children. The petitioners assert that they are the legal heirs of the deceased as both the parents of the deceased had already 1/5

predeceased him.

2. The first petitioner has been examined as PW1. She has produced 9 Documents to support her deposition which are listed as ExP1 to Ex.P9 at the foot of the order. The computer generated copy of the death certificate and the legal heirship certificate of the deceased has been marked as Ex.P1 and Ex.P2. The photocopy of the Aadhar cards of the petitioners 1 to 3 has been marked as Ex.P3 to Ex.P5. The perusal of the Ex.P2 clearly proves that the petitioners 1 to 3 are the legal heirs of the deceased. A general paper publication has been effected which is marked as Ex.P9 and no objections have been received for the same. The consent affidavit of both 2nd and 3rd petitioners expressing their consent to grant the Succession Certificate in favour of the 1st petitioner has been filed.

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.

4. 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 debts and receive the interest and dividends on and 2/5

negotiate and transfer the securities mentioned in the schedule to the petition.

Index :Yes/No Petitioner's witness:

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

Exhibits Documents Ex.P1 Computer generated copy of the death certificate of Mr.D.Suresh Chand issued on 03.05.2024.

Ex.P2 Computer generated copy of the legal heir certificate of Mr.D.Suresh Chand issued on 29.05.2024.

Ex.P3 Photocopy of the Aadhar card of the 1st petitioner.(Original is produced, compared and returned to the petitioner's counsel) Ex.P4 Photocopy of the Aadhar card of the 2nd petitioner. Ex.P5 Photocopy of the Aadhar card of the 3rd petitioner.(Original is produced, compared and returned to the petitioner's counsel) Ex.P6 Printout of the e-mail from Geojit dated 04.04.2024. Ex.P7 Printout of the holding statement dated 25.11.2024. Ex.P8 Certificate under Section 63(4) of BSA Act.

Ex.P9 One issue of paper publication effected in Tamil Daily "Makkal Kural" dated 19.06.2025.

Consent affidavits of 2nd and 3rd petitioners are filed stating that they do not have any objection to the grant of succession certificate in favour of the 1st petitioner. 3/5

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K.KUMARESH BABU,J.

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