Mary Mohan Sebastian v. No Respondent

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 24.06.2025

CORAM

THE HONOURABLE MR.JUSTICE K.KUMARESH BABU Mrs.Mary Mohan Sebastian

...Petitioner

PRAYER: Original Petition filed under Section 372 of Indian Succession Act read with Order XXV Rule 6 of O.S.Rules, prays that Succession Certificate may be granted to the petitioner with power to collect the debts to receive the interest and dividends and negotiate and transfer the debts specified in the schedule hereto.

For Petitioner : Mr.N.Ishtiaq Ahmed

ORDER

The petitioner seek Succession Certificate in respect of the securities held by Late Mr.Mohan Sebastian, who died intestate on 09.09.2024. The petitioner is the wife of the deceased. The petitioner submits that the parents of the deceased, viz., his father Late Mr.K.A.Sebastian and his mother Late Mrs.Ruby Sebastian predeceased him. Therefore the petitioner who is the wife of the deceased is his sole legal heir.

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2. The petitioner has been examined as PW1 and she has submitted 7 documents to support her deposition which are listed as Ex.P1 to Ex.P7 at the foot of the order. The photocopies of the death certificates of the Late Mr.K.A.Sebastian and Late Mrs.Ruby Sebastian has been marked as Ex.P1 and Ex.P2. The death certificate of the deceased has been marked as Ex.P3. The computer generated legal heirship certificate of the deceased has been marked as Ex.P4. A perusal of Ex.P4 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 petitioner, with the power to collect the debts and securities and receive the interest and dividends and negotiate and transfer the debts and securities mentioned in the schedule to the petition.

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Index :Yes/No Petitioner's witness:

P.W.1 - Mrs.Mary Mohan Sebastian Documents exhibited by the petitioner:

Exhibits Documents Ex.P1 Photocopy of the death certificate of K.A.Sebastian who died on 30.12.1983 (Original is produced, verified and returned to the petitioner's counsel) Ex.P2 Computer generated death certificate of Dr.Ruby Sebastian who died on 01.05.1996.

Ex.P3 Computer generated death certificate of Mohan Sebastian who died on 09.09.2024.

Ex.P4 Computer generated legal heirship certificate of Mohan Sebastian dated 28.10.2024.

Ex.P5 Photocopy of the Statement of Account of Sohar International at Oman A/c.101020005551.

Ex.P6 Photocopy of the Statement of Account of Bank Muscat at Oman A/c.No.0342000419350027.

Ex.P7 Photocopy of the blank Cheque leaf of Sohar International at Oman A/c.No.101020005551.

Certificate under Section 63(4) (C) of the Indian Evidence Act is filed for printouts.

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K.KUMARESH BABU, J.

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