2025 Supreme(Online)(MAD) 991
HIGH COURT OF MADRAS
Dr. G. Jayachandran, J
S. Madanlal – Appellant
Versus
Patas Kaver Jain – Respondent
Original Petition No.365 of 2024
For the Appellant: Ms. R.V. Gayathri, for M/s. P.B. Ramanujam Associates
For the Respondents: Mr. M. Jagadheesan
Succession certificate granted to the petitioner as the legal heir under the Indian Succession Act, 1925, following consent from all class I heirs.
Headnote:The Original Petition was filed under Section 372 of the Indian Succession Act, 1925, praying for a succession certificate concerning the debts and securities of the deceased, Mr. R. Sampathraj. The petitioner, being the eldest son, claimed entitlement to the estate, supported by consent from his siblings and no objections received from the respondents or the public. The court found, based on the evidence, that all legal heirs consented, leading to the conclusion that the succession certificate should be granted to the petitioner. The petition is allowed, and the certificate is issued to facilitate the collection of debts and securities specified in the petition.
| Table of Content |
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| 1. grant of succession certificate under the indian succession act. (Para 1 , 2) |
| 2. no objections were received as consent was given by the heirs. (Para 4 , 5 , 6) |
| 3. court confirmed the entitlement of the petitioner. (Para 7 , 8) |
| 4. final ruling allowing the succession certificate. (Para 9) |
O R D E R
This original petition has been filed under Section 372 of the Indian Succession Act, 1925 , and read with Order XXV, Rule 6 of the Original Side Rules, for a succession certificate in respect of the debts and securities left behind by late Mr. R. Sampathraj.
2. Mr.R.Sampathraj, the father of the petitioner, died intestate on
15.09.2023 at Chennai. He had five children, born through his wife, Mrs.Patas Kaver Jain. His wife and four children are the respondents, while the petitioner is the eldest son. The schedule of movables was acquired by the late Late.Mr.R.Sampathraj during his lifetime. After his demise, being the surviving legal I class heirs, his wife and children are entitled to inherit the same, 3. The petitioner has sought for grant of succession certificate to collect the debts, to receive the interest and dividends and to negotiate and transfer the securities specifically mentioned in the schedule of movables attached to the petition.
4. Notice to the respondents served and they have entered appearance through his Counsel, namely, Mr.M.Jagadheesan. No counter or objection for grant of succession certificate filed. Consent affidavit from each of them filed.
5. The paper Publication inviting objections, if any, to the grant of succession certificate in favour of the petitioner did not evoke any response.
6. To prove the claim, the petitioner has mounted the witness box and been examined as P.W.1 and has marked 6 documents (Ex.P.1 to Ex.P.6).
The following documents have been marked on behalf of the petitioner.
Exhibits
Documents
Ex.P.1
Computer generated death certificate of Mr.R.Sampathraj Jain.
Ex.P.2
Computer generated legal heir ship certificate of Mr.R.Sampathraj
Ex.P.3
Photocopy of the State Bank of India PPF passbook bearing A/c.No.54028112974 held by Mr.R.Sampathra
Ex.P.4
Original ledger extract of ledger book of M/s.Jain Overseas (2023-24) of Mr.R.Sampathraj Jain
Ex.P.5
Copy of the paper publication effected in one issue of Tamil daily “Makkal Kural” dated 31.08.2024.
Ex.P.6
Certificate under Section 63 of BSA.
7. In view of the fact that the other I class heirs have consented to the grant of Succession Certificate in favour of the petitioner and no other objections received from the general public, the petitioner is entitle for grant of succession certificate.
8. In the light of the above finds, the succession certificate is granted in favour of the petitioner, being the legal heirs of Mr.R.Sampathraj, who died intestate, leaving behind the debts and securities morefully mentioned in the schedule to the petition to be inherited by his legal heirs.
9. Accordingly, this Original Petition stands Allowed. The Succession Certificate is issued in favour of the petitioner to enable him to collect the securities and to receive the interest, dividends on and negotiate and transfer the securities specified in the schedule hereto. The petitioner is directed to render account once in a year.
10.01.2025 Index :Yes/No. Internet :Yes/No.
bsm Petitioner's witness:
P.W.1 – Mr.S.Madanlal.
Documents marked:
Exhibits
Documents
Ex.P.1
Computer generated death certificate of Mr.R.Sampathraj Jain.
Ex.P.2
Computer generated legal heir ship certificate of Mr.R.Sampathraj
Ex.P.3
Photocopy of the State Bank of India PPF passbook bearing A/c.No.54028112974 held by Mr.R.Sampathra
Ex.P.4
Original ledger extract of ledger book of M/s.Jain Overseas (2023-24) of Mr.R.Sampathraj Jain
Ex.P.5
Copy of the paper publication effected in one issue of Tamil daily “Makkal Kural” dated 31.08.2024.
Ex.P.6
Certificate under Section 63 of BSA