Judgment · High Court
Case at a glance
Outcome
Allowed
In view of the evidence adduced, this Original Petition stands allowed
Provisions considered
- Indian Succession Act, 1925 s. 372
- Indian Evidence Act, 1872 s. 65B
Key paragraphs
- Para 44.In view of the evidence adduced, this Original Petition stands allowed. 1/3 https://www.mhc.tn.gov.in/judis O.P.No.276 of 2024 The Succession Certificate may be issued in favour of the Petitioners in accordance with the rules.08.08.2024sai2/3 https://www.mhc.tn.gov.in/judis O.P.No.276 of 2024RMT.TEEKAA RAMAN, J.saiO.P.No.276 of 2024 Dated: 08.08.20243/3
Judgment
O.P.No.276 of 2024O.P.No.276 of 2024RMT.TEEKAA RAMAN, J.This Petition has been filed under Section 372 of the Indian Succession Act, 1925 read with Order XXV Rule 6 of O.S.Rules, by the Petitioners for grant of succession certificate with power to collect the securities and to receive interest and dividends on and negotiate and transfer the securities specified in the schedule mentioned in the Petition.
After following due procedure, the Petitioners were invited to tender evidence. The 1st Petitioner, Hema Achyuthan, examined herself as PW1 and also marked Exs.P1 to P5.
The first Petitioner is the widow and the second Petitioner is the daughter of the deceased. Ex.P.1 is the death certificate of K.Achyuthan, Ex.P.2 is the legal heir certificate of K.Achyuthan, Ex.P.3 is the email dated 25.10.2023 received form HDFC Bank with details of shares held by K.Achyuthan, Ex.P.4 is the certificate under Section 65B of the Indian Evidence Act and Ex.P.5 is the paper publication dated 28.06.2024.
Operative part
In view of the evidence adduced, this Original Petition stands allowed. 1/3 https://www.mhc.tn.gov.in/judis O.P.No.276 of 2024 The Succession Certificate may be issued in favour of the Petitioners in accordance with the rules.08.08.2024sai2/3 https://www.mhc.tn.gov.in/judis O.P.No.276 of 2024RMT.TEEKAA RAMAN, J.saiO.P.No.276 of 2024 Dated: 08.08.20243/3
Questions this judgment answers
What did the Court decide in this case?
The Court recorded the following disposition: In view of the evidence adduced, this Original Petition stands allowed
Which statutory provisions did this judgment involve?
Indian Succession Act, 1925 — s. 372; Indian Evidence Act, 1872 — s. 65B.
Precedent status how later indexed judgments have treated this case
No known negative treatment found in the Courts & Cases corpus.
This is a result about the indexed corpus, not a finding that the judgment remains good law. Coverage may be incomplete.