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2025 Supreme(Online)(Mad) 72421

IN THE HIGH COURT OF JUDICATURE AT MADRAS
Honourable Mr.Justice P. DHANABAL
Savitha Devi and 6 others – Appellant
Versus
No Respondent – Respondent



IN THE HIGH COURT OF JUDICATURE AT MADRAS DATED : 26.11.2025 CORAM :

THE HONOURABLE MR.JUSTICE P.DHANABAL O.P. No. 1 87 of 202 5

1. Savitha Devi

2. Sarala Jain

3. Usha Chordia

4. Tolachand Jain

5. Neetu 6. Reetu

7. Shilpa Jain Choradia ... Petitioners 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 1st petitioner with power to collect the debts and to receive the interest and dividends on and negotiate and transfer the securities specified in the Schedule hereto.

For Petitioners : Mr. A.Dilliraj

ORDER

This petition has been filed by the petitioners 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 petitioners, one Sayaramal Betala died intestate on 24.03.1991 and one Sohan Devi Betala died intestate on

26.02.2009.

•The petitioners 1 to 3 are the daughters of the said Mr.Sayaramal Betala and Mrs.Sohan Devi Betala.

•Further, one Sushila Devi Kataria is also the daughter of Sayaramal Betala and since the said Sushila Devi Kataria died, the petitioners 4 to 7, who are the legal heirs of the said Sushila Devi Kataria are brought on record.

Except the above petitioners, there are no other legal heirs to the said deceased Mr.Sayaramal Betala and Mrs.Sohan Devi Betala. The said deceased Mr.Sayaramal Betala and Mrs.Sohan Devi Betala, during their lifetime, had purchased some equity shares in the companies viz., M/s Grindwell Norten Limited in the name of the deceased, viz., Mr.Sayaramal Betala and Mrs.Sohan Devi Betala. The value of the said shares would come around Rs.16,00,000/- A due and diligent search has been made for a Will, but it was not found. Since the petitioners are the only legal heirs of the assets of the deceased and there is no other next of kin to the deceased and in order to get those shares, the Succession Certificate is necessary to them. The petitioners 2 to 6 have given no objection for the grant of succession certificate in the name of the 1st petitioner, viz., Savitha Devi. Therefore, they have filed this petition.

3. After filing of this Original Petition, the petitioners were directed to effect general 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.P.20.

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.P.20, they reveal that the petitioners are the legal heirs of the deceased Mr.Sayaramal Betala and Mrs.Sohan Devi Betala to succeed their estates and they died intestate, thereby, the petitioners are equally entitled to get the share certificates. The petitioners 2 to 7 have given their consent to grant succession certificate in favour of the 1st petitioner and therefore, the 1st petitioner is entitled to the Succession Certificate.

5. In view of the same, this Original Petition is allowed. The 1st petitioner is entitled to the value of the petition-mentioned assets and a direction for grant of Succession Certificate in favour of the 1st petitioner with power to collect the securities and to receive the interest and dividends on and negotiate and for terminal benefits, if any, specified in the Schedule, as applicable till the date of withdrawal, is issued.

26.11.2025 Index : Yes/No Speaking Order : Yes/No ssd APPENDIX:

List of Petitioner side Witnesses:

PW1 : Ms.Savitha Devi List of Petitioner side Documents:

26.11.2025 P.DHANABAL.,J ssd O.P. No. 1 87 of 202 5

26.11.2025

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