O.P.No. 222 of 2023

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 04.08.2023

CORAM

THE HONOURABLE MS.JUSTICE R.N.MANJULA

O.P.No. 222 of 2023

1.S.Padma Devi

2.S.Satheeba

3.S.Sathish

…

Petitioners

PRAYER: Original Petition filed for Succession Certificate under Section

372 the Indian Succession Act-1925 read with Order XXV Rule 6 of

Original Side Rules, prays that a Succession Certificate may be granted to

the petitioners with power to collect the securities and negotiate and

securities, transfer the securities specified in the schedule hereto.

For Petitioners : M/S.TN.Buvaneswaran

ORDER

This Petition has been filed under Section 372 of the Indian

Succession Act for grant of Succession Certificate in respect of the petition

mentioned securities owned by late P.Samikannu Nadar.

2. The shares set out in the petition has been purchased by one

P.Samikannu Nadar. The said P.Samikannu Nadar died intestate on

15.08.2015. The 1^st petitioner is the wife, the 2^nd petitioner is the daughter

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O.P.No. 222 of 2023

and the third petitioner is the son of late P.Samikannu Nadar are the only

legal heirs of him. As the surviving legal heirs of the deceased petitioners

are entitled to equal share in the schedule mentioned asset and hence the

petitioners have filed this petition seeking to grant succession certificate.

3. The 3^rd petitioner is examined himself as PW.1 and Ex.P1 to P5

were marked through him and they are listed as hereunder:

Exhibits

Documents

Ex.P1

The photocopy of the death certificate of

P.Samikannu (compared with the original)

Ex.P2

The photocopy of the Legal Heirship

certificate of P.Samikannu (compared with the

original)

Ex.P3

The photocopy of the share certificate in

Tamilnadu Mercantile Bank Limited bearing

certificate No.24921 standing in the name of

Samikannu Nadar.P (compared with the

original)

Ex.P4

The photocopy of the letter from LINK

Intimate Private Limited dated 05.10.2022

addressed to the 3^rd petitioner asking for

succession certificate from competent court of

law. (compared with the original)

Ex.P5

The paper publication effected in Tamil daily

“Makkal Kural” dated 02.07.2023 (compared

with the original)

4. From the death certificate of P.Samikannu is produced as Ex.P1, it

is seen that P.Samikannu died on 15.08.2015. The legal heir certificate of

P.Samikannu has been marked as Ex.P2 would show that except the

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O.P.No. 222 of 2023

petitioners there are no other legal heirs to him. The photocopy of the share

certificate in Tamilnadu Mercantile Bank Limited bearing certificate

No.24921 is marked as Ex.P3 and that would show that the shares stood in

the name of late P.Samikannu. The paper publication issued in Tamil daily

'Makkal Kural' dated 02.07.2023 did not attract any objectors.

5. Since the said P.Samikannu died intestate, the petitioners, who are

his only legal heirs, are entitled to inherit the securities among themselves

equally. In view of oral and documentary evidence produced by the

petitioners, the prayer sought by the petitioners for grant of Succession

Certificate should be granted.

6. Hence:

(a) the petition is ordered and

(b) The Succession Certificate shall be issued in favour of the

petitioners with a power to collect the debts with interest and dividends on

and negotiate and transfer the securities specified in the schedule to the

petition on payment of appropriate succession duty, if not paid already.

04.08.2023

jrs

Index :Yes/No

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O.P.No. 222 of 2023

R.N.MANJULA, J.

jrs

O.P.No. 222 of 2023

04.08.2023

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