✦ High Court of India · 27 Oct 2025

High Court · 2025

Case Details High Court of India · 27 Oct 2025
Court
High Court of India
Decided
27 Oct 2025
Bench
Not available
Length
1,057 words

Acts & Sections

O.P. No.758 of 2023IN THE HIGH COURT OF JUDICATURE AT MADRASDATED : 27.10.2025CORAM : THE HONOURABLE MR.JUSTICE P.DHANABALO.P. No.758 of 20231.AL. Alagammal W/o. Late AL. Alagappa Chettiar2. Subramanian S/o. Late Ramanathan3. Meenal D/o. Late Ramanathan4. Nagappan (deceased) S/o. Late Ramanathan5. Devaki D/o. Late Ramanathan6. AL. Lakshmi W/o. Late RM Alagappan7. RM Chelappan S/o. Late RM Alagappan8. RM Balasubramanian S/o. Late RM Algappan9. RM Nagappan S/o. Late RM Alagappan10. Chitra Palaniappan W/o. Late RM Palaniappan11. P. Chellappan S/o. Late RM Palaniappan12. P. Alagappan S/o. Late RM Palaniappan13. VE Ramanathan S/o. Late VE RM Vayiravan14. VE Alagappan S/o. Late VE RM Vayiravan15. R. Meenakshi W/o. Late Ranganathan16. R. Meenakshi D/o. Late Ranganathan17. AL Chandramouli S/o. Late Alagappa Chettiar18. AN Meenal W/o. K. Annamalai19. Ramaselvi W/o. Late Nagappan20. Kannan S/o. Late Nagappan21. Chandramouli S/o. Late Nagappan[Petitioners 19 to 21 brought on recordPage No.1 of 9 https://www.mhc.tn.gov.in/judis O.P. No.758 of 2023vide order dated 05.08.2025 in A. No.3685 of 2025].... 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 terminal and statutory benefits if any specified in the Schedule.For Petitioners:Mr. S. Raja Ravi VarmaORDER 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 V.AL.AL. Meenakshi Achi died on 30.12.1992. •The 1st petitioner is the daughter of the said V.AL.AL. Meenakshi Achi. •2nd to 5th petitioners are the children of Late Valliammai Achi, who is the Page No.2 of 9 https://www.mhc.tn.gov.in/judis O.P. No.758 of 2023daughter of the said V.AL.AL. Meenakshi Achi. •6th 9th petitioners are the the children of one Late Alagappan, who is the son of Late Valliammai Achi and grandchildren of deceased V.AL.AL. Meenakshi Achi. •10th to 12th petitioners are the children of one Late Palaniappan, who is the son of Late Valliammai Achi and grandchildren of deceased V.AL.AL. Meenakshi Achi. •13th to 16th petitioners are the children of late Seetha, daughter of deceased V.AL.AL. Meenakshi Achi.•17th and 18th petitioners are the children of V.AL.AL. Meenakshi. Except the above petitioners, there are no other legal heirs to the said deceased V.AL.AL. Meenakshi Achi. The said deceased Meenakshi Achi, during her lifetime, had purchased some equity shares in the companies viz., 1. Premier Automobiles Limited, 2. Punjab National Bank Limited, 3. Bharath Nidhi Limited and 4. The Scindia Steam Navigation Company Page No.3 of 9 https://www.mhc.tn.gov.in/judis O.P. No.758 of 2023LImited in the name of the deceased. The face value of the said shares would come around Rs.4,25,625.20. The deceased V.AL.AL Meenakshi Achi died intestate. 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. All the petitioners have no objection for the grant of succession certificate in the name of the 17th petitioner AL Chandramouli. Therefore, they have filed this petition. 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.P16. 4. This Court also perused the entire documents including the Page No.4 of 9 https://www.mhc.tn.gov.in/judis O.P. No.758 of 2023evidences. During the pendency of the petition, as the 4th petitioner died, his legal heirs have been impleaded as the petitioners 19 to 21 as per the order of this Court. The 17th petitioner namely Mr. AL. Chandramouli has been examined as PW1 and 16 documents have been marked. On a careful perusal of the evidence of PW1 and the documents Ex.P.1 to Ex.P16, they reveal that the petitioners are the legal heirs of the deceased V.AL.AL Meenakshi Achi to succeed her estates and she died intestate, thereby, the petitioners are entitled to get the share certificates. All the petitioners have given their consent to grant succession certificate in favour of the 17th petitioner and therefore, 17th petitioner is entitled to the Succession Certificate. 5. In view of the same, this Original Petition is allowed. The 17th petitioner is entitled to the value of the petition-mentioned assets and a direction for grant of Succession Certificate in favour of the 17th 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 Page No.5 of 9 https://www.mhc.tn.gov.in/judis O.P. No.758 of 2023applicable till the date of withdrawal, is issued..27.10.2025Index:Yes/No Speaking Order:Yes/NomjsAPPENDIX:List of Petitioner side Witnesses:PW1:Mr. AL. ChandramouliList of Petitioner side Documents:Exhibit No.DateDescription of DocumentsEx.P.1.11.02.1987Photocopy of the Share Certificate issued by M/s. The Premier Automobiles Limited.Ex.P.209.11.1960Photocopy of the Share Certificate issued by M/s. The Punjab National Bank Limited.Ex.P.312.10.1959Photocopy of the Share Certificate issued by M/s.Punjab National Bank.Ex.P.4.04.11.1946Photocopy of the Share certificate issued by M/s. Bharath Nidhi Limited.Ex.P.501.05.1958Photocopy of the Share Certificcate issued by The Scindia Steam Navigation Company Page No.6 of 9 https://www.mhc.tn.gov.in/judis O.P. No.758 of 2023Limited.Ex.P.630.12.1992Computer generated copy of the Death Certificate of Mrs. VE AZA AZA Meenathchi Aachai.Ex.P.7.10.12.2013Photocopy of the Legal Heir Certificate of Mrs. V AL AL Meenakshi.Ex.P.8.31.05.2017Computer generated copy of the Death Certificate of Mrs. R. Valliammai Aachi [died on 31.05.2017].Ex.P.9.19.09.2020Computer generated copy of the Legal Heir Certificate of Mrs. R. Valliammai Aachi.Ex.P.1028.07.2021Computer generated copy of the Legal Heir Certificate of Mr. VE RM Vayiravan.Ex.P.1130.09.2022Computer generated copy of the Legal Heir Certificate of Mrs. Seetha Vayiravan.Ex.P.1216.09.2015.Computer generated copy of the Death Certificate of Mr. RM Alagappan, who died on 16.09.2015.Ex.P.1322.11.2018Computer generated copy of the Legal Heir Certificate of RM. Alagappan.Ex.P.1415.11.2007Photocopy of the Legal Heir Certificate of RM. Palaniyappan.Ex.P.1519.01.2024One issue of paper publication effected in Tamil daily "Dhina Kural".Ex.P.16-Certificate under Section 65B of the Indian Evidence Act, 1872 filed for Exs.P6, P8 to P13.Page No.7 of 9 https://www.mhc.tn.gov.in/judis O.P. No.758 of 202327.10.2025P.DHANABAL.,JmjsO.P. No.758 of 202327.10.2025Page No.8 of 9 https://www.mhc.tn.gov.in/judis O.P. No.758 of 2023Page No.9 of 9

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