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2025 Supreme(Online)(Mad) 32620
IN THE HIGH COURT OF JUDICATURE AT MADRAS
K.KUMARESH BABU, J
Shashin Suresh Mehta and 2 others – Appellant
Versus
No Respondent – Respondent
O.P.No.622 of 2024
For the Appellants/Petitioners: M/s.Menon
For the Respondents:
The court upheld the petitioners' claim for succession certificate under the Indian Succession Act, recognizing their legal entitlement as heirs of the deceased.
Headnote:The petitioners filed an Original Petition for Letters of Administration under Section 372 of the Indian Succession Act, 1925, seeking a succession certificate for the securities of the deceased, Late Tejal Shashin Mehta. The court found that the petitioners, being the surviving legal heirs, provided adequate evidence in support of their claim and therefore, were entitled to the requested relief. The primary questions framed included the eligibility of the petitioners to receive the succession certificate. The court reasoned that evidence supported the petitioners' legal standing, and no objections were raised against their claims. The Original Petition is allowed granting Succession Certificate in favour of the petitioners, with the power to collect the securities and receive the interest and dividends mentioned in the schedule to the petition.
| Table of Content |
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| 1. legal heirs entitled to succession certificate. (Para 1) |
| 2. evidence supports petitioners' claim. (Para 3) |
IN THE HIGH COURT OF JUDICATURE AT MADRAS DATED : 05.03.2025 CORAM THE HONOURABLE MR.JUSTICE K.KUMARESH BABU O.P.No.622 of 2024
1.Mr.Shashin Suresh Mehta 2.Mr.Samkit Shashin Menta
3.Ms.Samta Shashin Mehta ... Petitioners PRAYER: Original Petition filed for Letters of Administration under Section 372 of Indian Succession Act 1925, read with Order XXV Rule 6 of the Original Side Rules praying to grant succession certificate to the petitioners with the power to collect the debts with accrued interest and to collect the securities, receive the dividends, thereon and negotiate and transfer the securities specified in the schedule hereto.
For Petitioners : M/s.Menon ORDER The petitioners seek Succession Certificate in respect of the securities held by Late Tejal Shashin Mehta, who died intestate on 20.12.2012. The petitioners are the husband and children of the deceased. The first petitioner was appointed as executor of the estate of the deceased by the Southern Bangkok Civil Court.
2. The first petitioner has been examined as PW1. He has produced the computer generated death certificate of the deceased Tejal Shashin Mehta as Ex.P1. The order passed by Southern Bangkok Civil Court as Ex.P2. A perusal of Ex.P2, shows that the first petitioner is declared as legal husband of the deceased and nominated as executor for the estate of the deceased. A paper publication has been made and marked as Ex.P4, wherein it is stated that the petitioners are the surviving legal heirs of the deceased.
No objections have been received from any person.
3.The assertions in the petition have been duly proved by adducing oral evidence supported by documents. In these circumstances, the petitioners are entitled to the releif.
4. In view of the above evidence, the Original Petition is allowed granting Succession Certificate in favour of the petitioners, with the power to collect the securities and receive the interest and dividends mentioned in the schedule to the petition.
