Mrs.R.Malathi v. No Respondent

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 26.06.2025

CORAM

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

...Petitioner

PRAYER: Original Petition filed under Section 372 of the Indian Succession Act XXXIX of 1925 r/w order XXV Rule 6 of Original Side Rules of High Court Madras, praying to grant succession certificate in favour of the petitioner with the power to collect the securities and to receive interest, dividends thereon and negotiate and transfer the securities as listed out in Schedule and as specified in Schedule. For Petitioner : Mr.K.Anand

ORDER

The petitioner seek Succession Certificate in respect of the securities held by Late Mr.S.Ramamoorthy, who died intestate on 28.05.2011. The petitioner is the wife of the deceased. The petitioner submits that the father and mother of the deceased had already predeceased him, thereby leaving the petitioner as the only legal heir of the deceased. 1/4

2. The petitioner has been examined as PW1, she had produced 5 documents to support her deposition which are listed as Ex.P1 to Ex.P5 at the foot of the order. The death certificate of the deceased had been marked as Ex.P1. The legal heirship certificate of the deceased has been marked as Ex.P2. The photocopies of the aadhar card and the PAN card of the petitioner has been marked as Ex.P4 and Ex.P5. A perusal of Ex.P2 clearly proves that the petitioner is the sole legal heir of the deceased. A paper publication has been made 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 securities and receive the interest and dividends thereon and negotiate and transfer the securities mentioned in the schedule to the petition. Index :Yes/No 2/4

Petitioner's witness:

P.W.1 - Mrs.R.Malathi Documents exhibited by the petitioner:

Exhibits Documents Ex.P1 Photocopy of the Death Certificate of S.Ramamoorthy dated 29.06.2011.

Ex.P2 Photocopy of the legal heirship certificate of S.Ramamoorthy dated 16.08.2023 (Compared with the original) Ex.P3 Photocopy of the Link Intime Share Certificate dated 10.11.2023 (Compared with the original) Ex.P4 Photocopy of the Aadhaar Card of the petitioner (Compared with the original) Ex.P5 Photocopy of the Pan Card of the petitioner (Compared with the original) 3/4

K.KUMARESH BABU, J.

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