IN THE HIGH COURT OF JUDICATURE AT MADRAS DATED: 03-12-2025 CORAM THE HONOURABLE MR.JUSTICE P. DHANABAL

1. Arun Deepak and another S/o. C.Sivanandam, No.A 2/7, Green Acres, Kamaraj Nagar, Perungudi, Chennai 600 096.

2. Sarayu Krishna Sivanandam D/o. C.Sivanandam, W/o.

R.Kailaingirinathan, NB-201 Shriram Spandhana Apartment, Off Wind Tunnel Road, Challaghatta, Bengaluru South, Yemalur, Bengaluru, Karnataka

560 037.

Petitioner(s)

PRAYER:This application has been under Section 372 and 300 of Indian Succession Act read with Order XXV Rule 6 of the Original side Rules praying that a Succession Certificate may be granted to the petitioners with power to collect the securities and to receive the interest and dividends on and negotiate and transfer the securities, specified in the schedule hereto. Net Amount of Rs.32,96,164.06/- Suc duty of Rs.25,000/- paid on 05.03.2024.

For Petitioner(s): Hari Radhakrishnan

ORDER

This petition has been filed by the petitioners praying to grant Succession Certificate under Section 372 and 300 of the Indian Succession Act read with Order XXV Rule 6 of the Original Side Rules.

2. According to the petitioners, they are the son and daughter of one Mr. C. Sivanandam and Mrs. S. Chandra. The parents of the petitioners died on 11.08.2010 and 15.06.2010 respectively. The petitioners are the Class I legal heirs of the deceased Mr. C. Sivanandam and Mrs. S. Chandra. The parents of the deceased Mr. C.Sivanandam predeceased him.. The said deceased died intestate and due & diligent search was made for the Will of the deceased, if any, but none was found. The deceased Mr. C. Sivanandam and Mrs. C. Chandra, during their lifetime, had jointly invested in several numbers of shares as described in schedule. The value of the said assets is approximately at Rs.32,96,164.06. The petitioners as the only legal heirs of the deceased, claim to be entitled to the estate equally. There is no other next of kin other than the petitioners. Since the petitioners 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. Therefore, the petitioners have filed this petition to grant succession certificate in their favour.

3. After filing of this Original Petition, the petitioners were 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 petitioners, they examined PW1 and marked Ex.P.1 to Ex.P11.

4. This Court also perused the entire documents including the evidences.

The 1^st petitioner herein has been examined as PW1 and Ex.P.1 to Ex.P.11 were marked. On a careful perusal of the evidence of PW1 and the documents Ex.P.1 to Ex.P11, they reveal that the petitioners are the legal heirs of the deceased Mr. C. Sivanandam 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 and therefore, petitioners are entitled to the Succession Certificate.

5. In view of the same, this Original Petition is allowed. The petitioners are each entitled to 1/2 share of the value of the assets and a direction for grant of Succession Certificate in favour of the petitioners 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 .

03-12-2025 Index:Yes/No Speaking/Non-speaking order Internet:Yes Neutral Citation:Yes/No mjs APPENDIX:

List of Petitioner side Witnesses:

PW1 : Mr. Arun Deepak List of Petitioner side Documents:

03.12.2025 P.DHANABAL J.

mjs

03-12-2025