IN THE HIGH COURT OF JUDICATURE AT MADRAS DATED : 14.11.2025 CORAM :

THE HONOURABLE MR.JUSTICE P.DHANABAL Loffy Mathew S/o. Late T.P. Mathew ...... Petitioner vs

1. Princy D/o. Late T.P. Mathew

2. Della Jolly W/o. Jolly Kurian ... Respondents.

PRAYER: : Original Petition is filed under Section 372 of the Indian Succession Act of 1925 read with Order XXV Rule 6 of the Original Side Rules praying to grant Succession Certificate to the petitioner with power to collect the securities and to receive the dividends thereon and negotiate and transfer the securities specified in the Schedule.

For Petitioner : Mr. M. Vijayanand For Respondents : Mr. M. Ravindhar

ORDER

This petition has been filed by the petitioner praying to grant Succession Certificate under Section 372 of the Indian Succession Act read with Order XXV Rule 6 of the Original Side Rules.

2.According to the petitioner, he is the son and the respondents are the daughters of the deceased Late T.P. Mathew. The said deceased, during his life time, had purchased some debentures and shares in his name as detailed in the schedule. The said Mr. T.P. Mathew died intestate on 09.02.2024. A due and diligent search has been made for a Will, but none was found. The parents and wife of the deceased Mr. T.P. Mathew predeceased him. The petitioner and the respondents are the only legal heirs of the deceased. There is no other next of kin other than the petitioner and the respondents. The value of assets would come around Rs.6,57,750/-. Therefore, this petition has been filed by the legal heirs of the deceased. Since the petitioner and the respondents are the only legal heirs of the assets of the deceased and in order to get those shares, the Succession Certificate is necessary to them. The respondents have given their consent to grant succession certificate in favour of the petitioner. Therefore, the petitioner has filed this petition to grant succession certificate in his favour.

3. After filing of this Original Petition, the petitioner was directed to effect paper publication and the same was also effected. No any objection was received from any party. Thereafter, the matter was posted for examination of witnesses and the evidence was recorded. On the side of the petitioner, he examined PW1 and marked Ex.P.1 to Ex.P13.

4. This Court also perused the entire documents including the evidences. On a careful perusal of the evidence of PW1 and the documents Ex.P.1 to Ex.P13, they reveal that the petitioner and the respondents are the legal heirs of the deceased Mr. T.P. Mathew and the deceased had purchased some shares and securities mentioned in the Schedule of the petition and he died intestate, thereby, his legal heirs are equally entitled to get the share certificates. The respondents have given their consent to grant succession certificate in favour of the petitioner and therefore, petitioner is entitled to the Succession Certificate.

5. In view of the same, this Original Petition is allowed. The petitioner is entitled to the value of the petition-mentioned assets and a direction for grant of Succession Certificate in favour of the petitioner with power to collect the securities and to receive the interest and dividends on and negotiate and transfer the securities specified in the Schedule, as applicable till the date of withdrawal, is issued .

14.11.2025 Index : Yes/No Speaking Order : Yes/No mjs APPENDIX:

List of Petitioner side Witnesses:

PW1 : Mr. Loffy Mathew List of Petitioner side Documents: