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IN THE HIGH COURT OF JUDICATURE AT MADRAS
G.JAYACHANDRAN
Visalakshi V. – Appellant
Versus
. – Respondent
ORDER :
1. This Original Petition has been filed under Section 372 of the Indian Succession Act, 1925 read with Order XXV Rule 6 of the O.S. Rules, seeking Succession Certificate in respect of securities of V.M. Vairavan morefully described in the schedule annexed to the petition.
2. V.M. Vairavan died on 16/05/2021 leaving behind the petitioners who are the first class heirs of Vairavan. The first petitioner is his wife and rest of the petitioners 2 to 5 are his children. During his life time, V.M.Vairavan has acquired the schedule mentioned securities and they stand in his name. Claiming that the said Vairavan died intestate and being his legal heirs, the petition is filed for grant of Succession Certificate.
3. To substantiate the prayer in the petition, Mrs.V.Visalakshi, W/o Late Vairavan, had graced the witness box on behalf of the petitioners and deposed about their entitlement by marking the following documents:-
| Ex.P1 | Computer generated death certificate of Mr.V.M.Vairavan along with certificate under Section 65B of the Indian Evidence Act, 1872. |
| Ex.P2 | Computer generated legal heir ship certificate of Mr.V.M.Vairavan along with certificate under Section 65B of the Indian E |
The court granted a Succession Certificate to the first class heirs of the deceased, confirming their entitlement based on established legal heirship and absence of objections.
The court affirms the right to obtain a Succession Certificate as the sole legal heir when duly substantiated by evidence.
A succession certificate cannot be granted to a petitioner when a legal heir, such as the deceased's wife, is alive, as per Hindu Law.
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