N.Raji and 4 others Vs No Respondent

PRAYER : Original Petition filed under Section 372 of Indian Succession Act, 1925 read with Order XXV Rule 6 of O.S. Rules, praying that a Succession Certificate may be granted to the first petitioner with the power to collect the securities and to receive the interest and dividends on and negotiate and transfer the securities specified in the schedule hereto.

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For Petitioners : Mr.S.Ramajeyam

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ORDER

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T he petitioners seek Succession Certificate in favour of the 1^st petitioner in respect of the securities held by Mr.S.Nilakantan and Mrs.S.Sankari, who died intestate on 02.05.2004 and 10.05.2001.

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Late.Mr.S.Nilakantan, 1^st deceased herein is the husband of

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Late.Mrs.S.Sankari, 2^nd deceased herein. The petitioners 1 and 2 are the legal heirs of the above said deceased couple, whereas the petitioners 3 to https://www.mhc.tn.gov.in/judishttps://www.mhc.tn.gov.in/judis

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5 are the legal heirs of the deceased son of the aforesaid deceased couple.

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The petitioners submit that the Late.Mr.S.Nilakantan, who is the

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1^st deceased, was married to the Late.Mrs.S.Sankari, the 2^nd deceased herein and the couple had begotten one Mr.N.Shankaran along with the petitioners 1 and 2 as their children out of the said wedlock. Subsequently after the death of Late.Mrs.S.Sankari on 10.05.2001 and Late.Mr.S.Nilakantan on 02.05.2004, one of their sons Mr.N.Shankaran also died on 14.12.2022, leaving behind his wife and children as his legal heirs, the petitioners 3 to 5 herein. Therefore the petitioners contend that as the legal heirs of the both deceased, the petitioners 1 and 2 are entitled to 1/3^rd share each from the securities mentioned in the schedule of the petition. Whereas the petitioners 3 to 5 as the legal heirs of Late.Mr.N.Shankaran, are jointly entitled to the remaining 1/3^rd share from the securities mentioned in the schedule of the petition.

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The first petitioner has been examined as PW1. She has produced 10 documents to support her depositions which are marked as Ex.P1 to Ex.P8 along with Ex.C1 and Ex.C2 at the foot of the order. The photocopy of the death certificate of Late.Mr.S.Nilakantan has been marked as Ex.P1. The photocopy of the burial ground report of

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Late.Mrs.S.Sankari has been marked as Ex.P3. The photocopy of the

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legal heirship certificates of Late.Mr.S.Nilakantan and Late.Mrs.S.Sankari has been marked as Ex.P2 and Ex.P4. The online copy of the death certificate and legal heirship certificate of Late.Mr.S.Shankaran has been marked as Ex.P6 and Ex.P7. The perusal of Ex.P2 and Ex.P4 proves that the petitioners 1 and 2 along with one Late.Mr.S.Shankaran are the legal heirs of both the deceased and accordingly the perusal of Ex.P7 proves that the petitioners 3 to 5 are indeed the legal heirs of the Late.Mr.S.Shankaran, who is one of the legal heirs of the deceased couple. The general paper publications have been effected which are marked as Ex.C1 and Ex.C2 and no objections have 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 petitioners are entitled to the relief.

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In view of the above evidence, the Original Petition is allowed

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granting Succession Certificate in favour of the 1^st petitioner, with the power to collect the securities and receive the interest and dividends on

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and negotiate and transfer securities mentioned in the schedule to the

petition.

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kak

Index :Yes/No Petitioner's witness:

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P.W.1 - Ms.N.Raji Documents exhibited by the petitioners:

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*Exhibits*	*Documents*
Ex.P1	Photocopy of the Death certificate (Date of death 02.05.2004) of S.Nilakantan issued by Corporation of Chennai dated 18.05.2004 (Original received, compared and returned)
Ex.P2	Photocopy of the Legal heirs certificate of S.Nilakantan.(Original received, compared and returned)
Ex.P3	Photocopy of the burial ground report of death.(Date of death 10.05.2001) of S.Sankari (11.05.2001) (Original received, compared and returned)
Ex.P4	Photocopy of the Legal heirs certificate of S.Sankari issued by Tahsildar, Ambattur, dated 22.06.2002.(Original received, compared and returned)
Ex.P5	Original DISA India Limited Share certificate, dated 18.11.2006.
Ex.P6	Online copy of the Death certificate of Sankaran (Date of death 14.12.2022) dated 07.01.2023(Original received, compared and returned)
Ex.P7	Online copy of the Legal heirs certificate of Sankaran issued by Government of Kerala, dated 23.01.2024.(Original received, compared and returned)
Ex.P8	Photocopy of the Aadhar card of first petitioner Mrs.Raji.(Original received, compared and returned)
Ex.C1	Paper publication in one issue of English daily “Trinity Mirror” dated 18.03.2025.

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Ex.C2

Exhibits Documents Ex.C2 Paper publication in one issue of Tamil daily “Makkal Kural” dated 11.03.2025.

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K.KUMARESH BABU,J.

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kak

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O.P.No.25 of 2025

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N.Raji and 4 others v. No Respondent

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N.Raji and 4 others v. No Respondent

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