High Court · 2025

O.P.No.727 of 2024IN THE HIGH COURT OF JUDICATURE AT MADRASDATED: 03.07.2025CORAMTHE HONOURABLE MR.JUSTICE K.KUMARESH BABUO.P.No.727 of 20241.Dr R K Sasankh2.R S Nikunj3.R S Jayant No B2, Mukthanand Apartment Bhaikaka Nagar, Thaltej Char Rasta Ahmedabad – 3800059, represented by Next friend & guardian Dr R K Shasank (court appointed Guardian vide order dated 28.11.2023 in A.No.2428/2023)4.Dr Vinata Rajendran5.Dr R Sucharita6.Lakshmi Sathyachandran7. S Rudraprakash8.Dr S Sanath Kumar…PetitionersPRAYER: Original Petition filed under Section 372 of Indian Succession Act of XXXIX of 1925 read with order XXV Rule 6 of Original Side Rules, praying that a Succession Certificate may be granted to the petitioners with power to collect the debts and to receive the interest and dividends on and negotiate and transfer the securities specified in the schedule.For Petitioners : Mr.C.P.Prasanth Gopal1/9 https://www.mhc.tn.gov.in/judis O.P.No.727 of 2024ORDERThe petitioners seek Succession Certificate in respect of the securities held by Late Radha Srinivasan, who died intestate on 10.06.2015 as a spinster. The deceased had five siblings in which two among five died as bachelors. The petitioners 1 to 5 and 7 to 8 are the neices and nephews of the deceased through her predeceased three siblings. The sixth petitioner is the sister-in-law of the deceased through her predeceased brother.2. The second petitioner has been examined as PW1. He has produced the death certificates of the deceased Radha Srinivasan and his parents as Ex.P3, Ex.P1 and Ex.P2. The legal heir certificate of the deceased as Ex.P4. The death certificates of the deceased's first brother S.Ramachandran and his wife as Ex.P5 and Ex.P6. The death certificates of the deceased's second brother S.Rajendran and his wife as Ex.P13 and Ex.P15. The legal heirship certificate of the second brother and his wife as Ex.P14 and Ex.P16. The death certificates of the bachelor brothers Ex.P7 and Ex.P9. The legal heirship certificates of the bachelor brothers as Ex.P8 and Ex.P10. The death certificate and legal heirship certificate of deceased's third brother Sathyachandran as Ex.P11 and Ex.P12. A perusal of Ex.P4, shows that the petitioners who are the nieces, nephews and sister in law of the deceased are 2/9 https://www.mhc.tn.gov.in/judis O.P.No.727 of 2024the only surviving legal heirs of the deceased.3. The assertions in the petition have been duly proved by adducing oral evidence supported by documents. In these circumstances, the petitioners are entitled to the relief.4. In view of the above evidence, the Original Petition is allowed granting Succession Certificate in favour of the petitioners, with the power to collect the debts and to receive the interest and dividends on and negotiate and transfer the securities mentioned in the schedule to the petition. 03.07.2025kakIndex :Yes/NoPetitioner's witness:P.W.1 – Mr.R.S.NikunjDocuments exhibited by the petitioners:ExhibitsDocumentsEx.P1Photocopy of the Death Certificate of K.Srinivasan dated 25.08.1975.(Compared with original)Ex.P2Photocopy of the Death Certificate of Kamali Srinivasan dated 20.11.2013.(Compared with original)Ex.P3Photocopy of the Death Certificate of Radha Srinivasan dated 24.08.2020.(Compared with original)3/9 https://www.mhc.tn.gov.in/judis O.P.No.727 of 2024Ex.P4Photocopy of the Legalheir Certificate of Radha Srinivasan dated 21.08.2020.(Compared with the original)Ex.P5Photocopy of the Death Certificate of S.Ramachandaran dated 05.06.1984.(Compared with original)Ex.P6Photocopy of the Death Certificate of Sarojini Ramachandran dated 13.09.2016.(Compared with original)Ex.P7Photocopy of the Death Certificate of Dharmavatsalan dated 13.11.2019.(Compared with original)Ex.P8Photocopy of the Legalheir certificate of S.Dharmavatsalan dated 21.08.2020.(Compared with original)Ex.P9Photocopy of the Death Certificate of Jayadev Srinivasan dated 19.04.2016.(Compared with original)Ex.P10Photocopy of the Legalheir certificate of S.Jayadev dated 21.08.2020.(Compared with original)Ex.P11Photocopy of the Death certificate of Sathyachandran dated 24.08.2020.(Compared with original)Ex.P12Photocopy of the Legalheir certificate of Sathyachandran dated 06.02.2014.(Compared with original)Ex.P13Photocopy of the Death certificate of Srinivasan Rajendran dated 30.10.2021.(Compared with original)Ex.P14Photocopy of the Legalheir certificate of Srinivasan Rajendran dated 07.09.2016.(Compared with original)Ex.P15Photocopy of the Death certificate of Dr.Sulochana Rajendran dated 23.09.2021.(Compared with original)Ex.P16Photocopy of the Legalheirship certificate of R.Sulochana dated 18.10.2021.(Compared with original)Ex.P17Series of the photocopies of the Fixed Deposit receipts of Andhra Bank, Matunga, Mumbai.(Compared with originals)Ex.P18Series of the photocopies of the Fixed Deposit receipts of Andhra Bank, Mount Road, Chennai.(Compared with originals)Ex.P19Series of the photocopies of the SB & Fixed Deposit receipts of Andhra Bank, T Nagar, Chennai.Ex.P20Series of the photocopies of the SB & Fixed Deposit 4/9 https://www.mhc.tn.gov.in/judis O.P.No.727 of 2024receipts of Axis Bank, T Nagar, Chennai.Ex.P21Series of the photocopies of the Fixed Deposit receipts of Bank of Madura Ltd., T Nagar, Chennai.Ex.P22Series of the photocopies of the Fixed Deposit receipts of Bank of Baroda, Baudaji and Reclaimation, Mumbai.Ex.P23Series of the photocopies of the Fixed Deposit receipts of Bank of Baroda, T Nagar, Chennai.Ex.P24Series of the photocopies of the Fixed Deposit receipts of Bank of India, Churchgate, Mumbai.Ex.P25Series of the photocopies of the SB Account with Bank of India, T Nagar, Chennai.Ex.P26Series of the photocopies of the Fixed Deposit receipts of Bank of India, T Nagar, Chennai.Ex.P27Series of the photocopies of the Fixed Deposit receipts of Bank of Maharashtra, T Nagar, Chennai.Ex.P28Series of the photocopies of the Fixed Deposit receipts of Canara Bank, T Nagar, Chennai.Ex.P29Series of the photocopies of the SB Account of Central Bank of India, Addison Branch, Chennai.Ex.P30Series of the photocopies of the Fixed Deposit receipts of Central Bank of India, Addison Branch, Chennai.Ex.P31Series of the photocopies of the SB Account of Central Bank of India, T Nagar, Chennai.Ex.P32Series of the photocopies of the Fixed Deposit receipts of Central Bank of India, T Nagar, Chennai.Ex.P33Series of the photocopies of the SB & FDR of Chennai Central Cooperative Bank, T Nagar, Chennai.Ex.P34Series of the photocopies of the SB Account of Dena Bank, Mount Road, Chennai.Ex.P35Series of the photocopies of the Fixed Deposit receipts of Dena Bank, Mount Road, Chennai.Ex.P36Series of the photocopies of the Fixed Deposit receipts of Indian Bank, Ambedkar Road, Mumbai.Ex.P37Series of the photocopies of the SB and Fixed Deposit receipts of Indian Bank, Matunga Main, 5/9 https://www.mhc.tn.gov.in/judis O.P.No.727 of 2024Mumbai.(Compared with original)Ex.P38Series of the photocopies of the SB and Fixed Deposit receipts of Indian Bank, High Court, Chennai.(Compared with original)Ex.P39Series of the photocopies of the FDR & SB Account of Indian Bank, North Usman Road, Chennai.(Compared with original)Ex.P40Series of the photocopies of the Fixed Deposit receipts of Indian Bank, Pattulos Road, Chennai.(Compared with original)Ex.P41Series of the photocopies of the SB Account with Indian Bank, T Nagar, Chennai.(Compared with original)Ex.P42Series of the photocopies of the Fixed Deposit receipts of Indian Bank, T Nagar, Chennai.(Compared with original)Ex.P43Series of the photocopies of the SB Account of Indian Overseas Bank, Mount Road, Chennai.(Compared with original)Ex.P44Series of the photocopies of the Fixed Deposit receipts of Indian Overseas Bank, Mount Road, Chennai.(Compared with original)Ex.P45Series of the photocopies of the SB and Fixed Deposit receipts of Indian Overseas Bank, Stella Marris, Chennai.(Compared with original)Ex.P46Series of the photocopies of the Fixed Deposit receipts of Indian Overseas Bank, T Nagar, Chennai.(Compared with original)Ex.P47Series of the photocopies of the Locker with Indian Overseas Bank, T Nagar, Chennai.(Compared with original)Ex.P48Series of the photocopies of the SB Account with Indian Overseas Bank, T Nagar, Chennai.(Compared with original)Ex.P49Series of the photocopies of the Fixed Deposit receipts of Karur Vysa Bank, Whites Road, Chennai.(Compared with original)6/9 https://www.mhc.tn.gov.in/judis O.P.No.727 of 2024Ex.P50Series of the photocopies of the Fixed Deposit receipts of Punjab National Bank, Matunga, Mumbai.(Compared with original)Ex.P51Series of the photocopies of the Fixed Deposit receipts of State Bank of India, T Nagar, Chennai.(Compared with original)Ex.P52Series of the photocopies of the Fixed Deposit receipts of Sundaram Finance Ltd, T Nagar, Chennai.(Compared with original)Ex.P53Series of the photocopies of the Fixed Deposit receipts with Syndicate Bank, Reclamation, Mumbai.(Compared with original)Ex.P54Series of the photocopies of the Fixed Deposit receipts of Syndicate Bank, Matunga Main, Mumbai.(Compared with original)Ex.P55Photocopy extract of the SB Account with TNSC Bank, T Nagar, Chennai.Ex.P56Series of the photocopies of the Fixed Deposit receipts of TNSC Bank, T Nagar, Chennai.(Compared with original)Ex.P57Series of the photocopies of the Fixed Deposit receipts of Union Bank of India, Matunga, Mumbai.(Compared with original)Ex.P58Series of the photocopies of the SB Account with United Bank of India, Matunga, Mumbai.(Compared with original)Ex.P59Series of the photocopies of the Fixed Deposit receipts of United Bank of India, T Nagar, Chennai.(Compared with original)Ex.P60Series of the photocopies of the Fixed Deposit receipts of Vijaya Bank, Mount Road, Chennai.(Compared with original)Ex.P61Series of the photocopies of the SB and Fixed Deposit receipts of Vijaya Bank, T Nagar, Chennai.(Compared with original)Ex.P62Series of the photocopies of the Fixed Deposit receipts of Vijaya Bank, Wadala, Mumbai.(Compared with original)7/9 https://www.mhc.tn.gov.in/judis O.P.No.727 of 2024Ex.P63Series of the photocopies of the Share Certificates of Sundaram Fastners.(Compared with original)Ex.P64Series of the photocopies of the Mutual Funds Certificates of Indian Bank.(Compared with original)Ex.P65Series of the photocopies of the Mutual Funds Certificates of Bank of India.(Compared with original)Ex.P66Series of the photocopies of the Mutual Funds Certificates of State Bank of India.(Compared with original)Ex.P67Series of the photocopies of the Certificates and warrants issued by Unit Trust of India.(Compared with original)Ex.P68Webcopy of the Judgment in C.S.566/2014 along with decree passed by Madras High Court dated 10.11.2020.Ex.P69Photocopy of the Power of Attorney by 8th petitioner in favour of 7th petitioner dated 08.08.2020.03.07.2025kak8/9 https://www.mhc.tn.gov.in/judis O.P.No.727 of 2024K.KUMARESH BABU, J.kakO.P.No.727 of 202403.07.20259/9