IN THE HIGH COURT OF JUDICATURE AT MADRAS
Honourable Mr.Justice K.KUMARESH BABU
R.K.Sasankh and 7 others – Appellant
Versus
No Respondent – Respondent
IN THE HIGH COURT OF JUDICATURE AT MADRAS DATED: 03.07.2025 CORAM THE HONOURABLE MR.JUSTICE K.KUMARESH BABU O.P.No.727 of 2024
1.Dr R K Sasankh
2.R S Nikunj 3.R S Jayant No B2, Mukthanand Apartment Bhaikaka Nagar, Thaltej Char Rasta Ahmedabad – 3800059, represented by Next friend &
guardian Dr R K Shasank (court appointed Guardian vide order dated 28.11.2023 in A.No.2428/2023)
4.Dr Vinata Rajendran
5.Dr R Sucharita
6.Lakshmi Sathyachandran
7. S Rudraprakash
8.Dr S Sanath Kumar …Petitioners PRAYER: Original Petition filed under Section 372 of Indian Succession Act of XXXIX of 1925 read with order XXV Rule 6 of Original Side Rules, praying that a Succession Certificate may be granted to the petitioners with power to collect the debts and to receive the interest and dividends on and negotiate and transfer the securities specified in the schedule.
For Petitioners : Mr.C.P.Prasanth Gopal
ORDER
The petitioners seek Succession Certificate in respect of the securities held by Late Radha Srinivasan, who died intestate on 10.06.2015 as a spinster. The deceased had five siblings in which two among five died as bachelors. The petitioners 1 to 5 and 7 to 8 are the neices and nephews of the deceased through her predeceased three siblings. The sixth petitioner is the sister-in-law of the deceased through her predeceased brother.
2. The second petitioner has been examined as PW1. He has produced the death certificates of the deceased Radha Srinivasan and his parents as Ex.P3, Ex.P1 and Ex.P2. The legal heir certificate of the deceased as Ex.P4. The death certificates of the deceased's first brother S.Ramachandran and his wife as Ex.P5 and Ex.P6. The death certificates of the deceased's second brother S.Rajendran and his wife as Ex.P13 and Ex.P15. The legal heirship certificate of the second brother and his wife as Ex.P14 and Ex.P16. The death certificates of the bachelor brothers Ex.P7 and Ex.P9. The legal heirship certificates of the bachelor brothers as Ex.P8 and Ex.P10. The death certificate and legal heirship certificate of deceased's third brother Sathyachandran as Ex.P11 and Ex.P12. A perusal of Ex.P4, shows that the petitioners who are the nieces, nephews and sister in law of the deceased are the only surviving legal heirs of the deceased.
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 relief.
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 debts and to receive the interest and dividends on and negotiate and transfer the securities mentioned in the schedule to the petition.
03.07.2025 kak Index :Yes/No Petitioner's witness:
P.W.1 – Mr.R.S.Nikunj Documents exhibited by the petitioners:
Exhibits
Documents
Ex.P1
Photocopy of the Death Certificate of K.Srinivasan dated 25.08.1975.(Compared with original)
Ex.P2
Photocopy of the Death Certificate of Kamali Srinivasan dated 20.11.2013.(Compared with original)
Ex.P3
Photocopy of the Death Certificate of Radha Srinivasan dated 24.08.2020.(Compared with original)
Ex.P4
Photocopy of the Legalheir Certificate of Radha Srinivasan dated 21.08.2020.(Compared with the original)
Ex.P5
Photocopy of the Death Certificate of S.Ramachandaran dated 05.06.1984.(Compared with original)
Ex.P6
Photocopy of the Death Certificate of Sarojini Ramachandran dated 13.09.2016.(Compared with original)
Ex.P7
Photocopy of the Death Certificate of Dharmavatsalan dated 13.11.2019.(Compared with original)
Ex.P8
Photocopy of the Legalheir certificate of S.Dharmavatsalan dated 21.08.2020.(Compared with original)
Ex.P9
Photocopy of the Death Certificate of Jayadev Srinivasan dated 19.04.2016.(Compared with original)
Ex.P10
Photocopy of the Legalheir certificate of S.Jayadev dated 21.08.2020.(Compared with original)
Ex.P11
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