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2025 Supreme(Online)(Mad) 46225

IN THE HIGH COURT OF JUDICATURE AT MADRAS
K.Kumaresh Babu, J
S.Vasudevan – Appellant
Versus
No respondent – Respondent
O.P.No.844 of 2024



Advocates:
For the Appellants/Petitioners: Mr.T.S.Rajamohan
For the Respondents:

The court affirms the right to obtain a Succession Certificate as the sole legal heir when duly substantiated by evidence.

Headnote:The petitioner sought a Succession Certificate under Section 372 of the Indian Succession Act, 1925, for debts and securities of the deceased. The court found the petitioner as the sole legal heir after substantiating the claim with documented evidence. As a result, the court allowed the petition granting the Succession Certificate in favor of the petitioner.

Table of Content
1. petitioner claims to be the sole legal heir. (Para 1 , 2)
2. evidence supports petitioner's assertions. (Para 3)
3. judgment allows succession certificate. (Para 4)

IN THE HIGH COURT OF JUDICATURE AT MADRAS DATED: 23.06.2025 CORAM THE HONOURABLE MR.JUSTICE K.KUMARESH BABU O.P.No.844 of 2024 S.Vasudevan …Petitioner PRAYER: Original Petition filed under Section 372 of Indian Succession Act, 1925 , read with Order XXV Rule 6 of O.S. Rules, prays that this Hon'ble Court be pleased to issue and grant Succession Certificate to and in favour of the petitioner with power to collect the debts and to receive the interest specified in the schedule hereto.

For Petitioner : Mr.T.S.Rajamohan

ORDER

The petitioner seeks Succession Certificate in respect of the securities held by Late Mrs.S.Vaijayanthimala, who died intestate on 27.04.2019. The petitioner is the brother of the deceased. The petitioner submits that his sister, the deceased Mrs.Vaijayanthimala got married to one Late.Mr.P.Sundarajan who predeceased her on 20.07.2004 and the couple had not begotten any issues from their marriage. The petitioner further states that the mother and father of the deceased had already predeceased her, leaving behind him as the sole legal heir of the deceased.

2. The petitioner has been examined as PW1. He has produced the photocopy of the death certificates of the deceased Mrs.S.Vaijayanthimala as Ex.P6; the husband of the deceased Mr.P.Sundarajan as Ex.P4; the mother and father of the deceased as Ex.P5 and Ex.P1 respectively. The legal heirship certificate of the deceased Late Mrs.S.Vaijayanthimala had been marked as Ex.P7. The photocopy of the aadhar card of the deceased and the petitioner had been produced as Ex.P2 and Ex.P3 respectively. The Ex.P7 absolutely substantiates the claim made in the petition that the petitioner is the sole legal heir of the deceased. The general paper publications had been effected 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 debts and securities and receive the interests mentioned in the schedule to the petition.

23.06.2025 kak Index :Yes/No Petitioner's witness:

P.W.1 – Mr.S.Vasudevan Documents exhibited by the petitioner:

Exhibits Documents
Ex.P1 Photocopy of the Death Certificate of B.Srinivasan father of the petitioner dated 19.05.1997.
Ex.P2 Photocopy of the Aadhar card of S.Vaijayanthimala.
Ex.P3 Photocopy of the Aadhar card of the petitioner.
Ex.P4 Photocopy of the Death Certificate of P.Sundarajan husband of S.Vaijayanthimala dated 20.07.2004.
Ex.P5 Photocopy of the Death Certificate of Petitioner's mother dated 23.06.2016.
Ex.P6 Photocopy of the Death Certificate of S.Vaijayanthimala dated 27.04.2019.
Ex.P7 Photocopy of the Legal Heirship Certificate of S.Vaijayanthimala dated 19.09.2023.
Ex.P8 Photocopy of the Family Ration Card.
Ex.P9 Photocopy of the Deposit Receipt vide No.01670400003935 dated 31.01.2019.
Ex.P10 Photocopy of the Amount lying in the savings bank account No.300093442969.
Ex.P11 Photocopy of the Amount lying in the savings bank account No.221043759.

Ex.P12 Photocopy of the Amount lying in the savings bank account No.0912101057912.

23.06.2025 kak K.KUMARESH BABU, J.

kak

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