Allowed¶26

Vyjayanthi Shrinivas and Another v. No Respondent

Madras HC4 Jul 2025OP/133/2024

Case brief

AI extract

What is this about?

Succession Certificate; O.P. No.133 of 2024; Madras High Court; Section 372 Indian Succession Act; Order XXV Rule 6 Original Jurisdiction; intestate death 03.05.2021; widow Vyjayanthi Shrinivas; sole legal heirs wife and daughter; Ex.P3 legal heirship certificate; minor declared major; guardian discharged; Applications 2461 and 2462 of 2025; Ex.P8 paper publication no objections; Section 65B Evidence Act certificate; power to collect debts, receive interest and dividends, negotiate and transfer securities.

What did the court decide?

Succession Certificate granted in favour of the 1st petitioner (Vyjayanthi Shrinivas) with power to collect the debts and receive the interest and dividends thereon and to negotiate and transfer the securities mentioned in the schedule to the petition. ¶26

Vyjayanthi Shrinivas and Another Vs No Respondent — Succession and Inheritance | Madras HC (2025)

What the court decided

AI extract

Outcome

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Issue for consideration

Whether the 1st petitioner is entitled to be granted a Succession Certificate, with powers over the debts and securities of the late Mr.Shrinivas Gopalan, under Section 372 of the Indian Succession Act read with Order XXV Rule 6 of the High Court of Judicature at Madras in Original Jurisdiction. +1 more

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Court's answer

The assertions in the petition have been duly proved by oral evidence supported by documents; consequently, the 1st petitioner is entitled to the relief sought.

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Ratio / Principle

Perusal of the computer-generated legal heirship certificate (Ex.P3) proves that the 1st and 2nd petitioners are the only legal heirs of the deceased, Late Mr.Shrinivas Gopalan.

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Key takeaways

The Original Petition is allowed and a Succession Certificate is granted in favour of the 1st petitioner, with power to collect the debts and receive the interest and dividends thereon and to negotiate and transfer the securities mentioned in the schedule to the petition.ratio¶26

Detailed headnote1 paragraphs

High Court of Judicature at Madras (K. Kumaresh Babu, J.), 04.07.2025 — Succession Certificate granted under Section 372 of the Indian Succession Act read with Order XXV Rule 6 (Madras High Court, Original Jurisdiction) in favour of Vyjayanthi Shrinivas, widow of Late Mr.Shrinivas Gopalan who died intestate on 03.05.2021. Daughter Shreya Shrinivas shown as the only other legal heir via Ex.P3 legal heirship certificate; being a minor at filing, she was declared a major and the mother discharged as guardian (Applications Nos. 2462 and 2461 of 2025, both ordered 04.07.2025). Claim proved by PW1 testimony and documents Ex.P1–Ex.P8 (including Ex.P7 certificate under Section 65B, Indian Evidence Act, 1872, and unobjected Ex.P8 paper publication); certificate carries power to collect debts, receive interest and dividends, and negotiate/transfer the securities in the schedule.

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O.P.No.133 of 2024

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IN THE HIGH COURT OF JUDICATURE AT MADRAS

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DATED: 04.07.2025

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CORAM

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THE HONOURABLE MR.JUSTICE K.KUMARESH BABU O.P.No.133 of 2024

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1.Vyjayanthi Shrinivas

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2.Shreya Shrinivas

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... Petitioners

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PRAYER : Original Petition filed for Succession Certificate under Section 372 of the Indian Succession Act Read with Order XXV Rule 6 of the High Court of Judicature at Madras in Original Jurisdiction for Succession Certificate to be granted in favour of the 1^st petitioner with power to collect the debts and receive the interest and dividend thereon and negotiate and transfer the securities belonging to the deceased Mr.Shrinivas Gopalan under Part X of the Indian Succession Act, 1925.

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For Petitioners : Mr.Manoj Sreevalsan

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ORDER

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The petitioners seek Succession Certificate in favour of the 1 st

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petitioner in respect of the debts and securities held by Late Mr.Shrinivas Gopalan, who died intestate on 03.05.2021. The 1 st petitioner is the wife of

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https://www.mhc.tn.gov.in/judis

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O.P.No.133 of 2024

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the deceased and the 2 nd petitioner is the daughter of the deceased.

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The 1^st petitioner submits that she had got married to one Mr.Shrinivas Gopalan, herein the deceased and the couple had begotten the 2^nd petitioner as their daughter in the duration of their marriage. She also states that the parents of the deceased had already predeceased him. Therefore the both the petitioners are the only surviving legal heirs of the deceased.

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It is pertinent to note that during the filing of this original petition the 2^nd petitioner was a minor and she was represented by her mother and natural guardian, the 1^st petitioner herein. As the 2^nd petitioner attained the age of majority, the 1^st petitioner had filed two applications under this original petition before this Honble Court. The Application No. 2462 of 2025 was filed praying to declare the 2^nd petitioner as a major and the Application No.2461 of 2025 was filed praying to discharge the 1^st petitioner as the guardian of the 2^nd petitioner in this original petition. The Application No. 2462 of 2025 and Application No.2461 of 2025 were ordered as prayed for vide their respective orders both dated 04.07.2025.

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The first petitioner had examined herself as PW1, she had produced

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https://www.mhc.tn.gov.in/judis

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O.P.No.133 of 2024

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8 documents which are listed as Ex.P1 to Ex.P8 at the foot of the order. She had produced the computer generated death certificate of the deceased as Ex.P1. The computer granted legal heirship certificate of the deceased has been marked as Ex.P3. The perusal of Ex.P3 clearly proves that the both the 1^st and 2^nd petitioners are the only legal heirs of the deceased, Late Mr.Shrinivas Gopalan. The general paper publication has been effected which is marked as Ex.P8 and no objections had been received for the same.

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The assertions in the petition have been duly proved by adducing oral evidence supported by documents. In these circumstances, the 1^st petitioner is entitled to the relief.

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In view of the above evidence, the Original Petition is allowed granting Succession Certificate in favour of the 1^st petitioner, with the power to collect the debts and receive the interest and dividends thereon and negotiate and transfer the securities mentioned in the schedule to the petition.

04.07.2025

Gba (3/3)

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O.P.No.133 of 2024

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Index :Yes/No Speaking: Yes/ No Neutral Citation: Yes/No

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O.P.No.133 of 2024

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Petitioner's witness:

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P.W.1 — Mrs.Vyjayanthi Shrinivas

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Documents exhibited by the petitioner:

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*Exhibits*	*Documents*
Ex.P1	Computergenerated death certificate of Mr.Shrinivas Gopalan
Ex.P2	Computergenerated death certificate of Mrs.G.Indira
Ex.P3	Computer generated legal heir ship certificate of Mr.G.Srinivas
Ex.P4	Computer generated statement given by ICICI Bank bearing A/c.No.000901509718, dated 30.06.2023 in respect of account held byMr.G.Srinivas.
Ex.P5	(Series 4 Nos) are the online printouts of SBI savings and fixed deposit bearing A/c.No.20109458663 and bearing A/c.No.32234501107 as on 30.06.2023 standing in the name of Mr.Shrinivas Gopalan
Ex.P6	Original statement of accounts as on 24.07.2023 issued by ICICI Securities Ltd., Chennai in respect of shares and securities held by Mr.G.Shrinivas bearing DP ID No.IN302902 and Client ID No.42929298.
Ex.P7	Certificate under Section 65 B of the Indian Evidence Act, 1872.
Ex.P8	Copy of the paper publication effected in one issue of Tamil Daily“Makkal Kural”, dated 11.11.2024.