Allowed¶44

S.Chinny Krishna v. Suresh Sundaram and another

Madras HC3 Nov 2025OP/266/2025

Case brief

AI extract

What is this about?

Succession certificate; Section 372 Indian Succession Act, 1925; Order XXV Rule 6 Original Side Rules; intestate death; Class I legal heirs; consent affidavit of co-heirs; paper publication no objection; transmission of shares (Cholamandalam Investment & Finance Company Limited; AREVA T & D India Limited); certificate under Section 63(4) B.S.A.; Madras High Court Original Side; O.P. No.266 of 2025; Justice P. Dhanabal; decided 03.11.2025; asset value Rs.24,02,170/-.

What did the court decide?

A direction for grant of Succession Certificate in favour of the petitioner with power to collect debts and securities, to receive interest and dividends on, and negotiate and transfer, the securities specified in the Schedule, as applicable till the date of withdrawal; the petitioner is entitled to the value of the shares. ¶44

S.Chinny Krishna Vs Suresh Sundaram and another — Succession and Inheritance | Madras HC (2025)

What the court decided

AI extract

Outcome

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Issue for consideration

Whether the petitioner, a surviving son and Class I legal heir of the deceased Mrs. Usha Sundaram who died intestate, is entitled to be granted a Succession Certificate under Section 372 of the Indian Succession Act in respect of the scheduled shares.

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Court's answer

On a careful perusal of the evidence of PW1 and the documents Ex.P.1 to Ex.P8, the petitioner and the respondents are the legal heirs of the deceased Mrs. Usha Sundaram, who during her lifetime purchased the schedule-mentioned properties and thereafter died intestate.

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Ratio / Principle

The petitioner and the respondents, being the surviving legal heirs, are each equally entitled to the shares of the deceased.

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Key takeaways

In view of the respondents' consent affidavit, the petitioner is entitled to the Succession Certificate.ratio¶43

Detailed headnote1 paragraphs

High Court of Judicature at Madras (P. Dhanabal, J.) | O.P. No.266 of 2025 | Decided 03.11.2025 | Succession Certificate — S. 372, Indian Succession Act, 1925 r/w Order XXV Rule 6, Original Side Rules. The petitioner, S. Chinny Krishna, son of late Captain V. Sundaram, sought a Succession Certificate for scheduled shares of his mother, Mrs. Usha Sundaram, who died intestate on 04.04.2010 leaving the petitioner and the two respondents (her children) as surviving Class I legal heirs; her husband predeceased her on 31.05.1997. The scheduled assets were valued at Rs.24,02,170/-. Paper publication elicited no objection; the petitioner testified as PW1 and marked Ex.P.1 to Ex.P.8 (death certificates with certificates under Section 63(4) B.S.A., legal heir certificate, share certificates of Cholamandalam Investment & Finance Company Limited and AREVA T & D India Limited, transmission intimation letter, Aadhaar card, and paper publication in the Tamil daily 'Makkal Kural'). The respondents filed consent affidavits. Held: the petitioner and the respondents are the legal heirs of the deceased and each is equally entitled to the shares; the petition was allowed and a Succession Certificate issued in favour of the petitioner with power to collect debts and securities, receive interest and dividends, and negotiate and transfer the scheduled securities, as applicable till the date of withdrawal.

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O.P. No.266 of 2025

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IN THE HIGH COURT OF JUDICATURE AT MADRAS

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DATED : 03.11.2025

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CORAM :

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THE HONOURABLE MR.JUSTICE P.DHANABAL

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O.P. No.266 of 2025

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S. Chinny Krishna S/o. Late Captain V. Sundaram ` ... Petitioner vs.

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Suresh Sundaram S/o. Late Captain V. Sundaram

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Viji Sundaram D/o. Late Captain V. Sundaram .. Respondents

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PRAYER: Original Petition is filed under Section 372 of the Indian

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Succession Act of 1925 read with Order XXV Rule 6 of the Original Side

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Rules praying to grant Succession Certificate to the petitioner with power to

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collect the debts and to receive the interest and dividends and / or any accrued

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dividend on, and negotiate and transfer the securities specified in the Schedule.

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For Petitioner : Mr.S. Raghunathan For Respondents : No appearance.

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Page No.1 of 7

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

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O.P. No.266 of 2025

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ORDER

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This petition has been filed by the petitioner praying to grant

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Succession Certificate under Section 372 of the Indian Succession Act read

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with Order XXV Rule 6 of the Original Side Rules.

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According to the petitioner, the deceased Mrs. Usha Sundaram, W/o.

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Late Captain V. Sundaram is the mother of the petitioner and the respondents

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and she died intestate on 04.04.2010 leaving the petitioner and the respondents behind her as surviving legal heirs. Captain V. Sundaram, husband of the deceased namely Mrs. Usha Sundaram, predeceased her on

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31.05.1997 and after the demise of the deceased, the petitioner and the respondents are the Class I Legal Heirs to suceed her estates. The deceased owned assets interalia by way of shares described in the schedule. Since the

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petitioner and the respondents are the only legal heirs of the assets and in order to transfer the above said shares in their favour, the Succession

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Certificate is necessary and the respondents 1 and 2 have consented for such a Page No.2 of 7

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

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O.P. No.266 of 2025 grant of succession certificate in favour of the petitioner. The value of assets

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in respect of which, the succession certificate, is required, is of the value at

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Rs.24,02,170/-. Therefore, the petitioner has filed this petition.

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After filing of this Original Petition, the petitioner was 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

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petitioner, he examined PW1 and marked Ex.P.1 to Ex.P8.

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This Court also perused the entire documents including the

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evidences. On a careful perusal of the evidence of PW1 and the documents Ex.P.1 to Ex.P8, they revealed that the petitioner and the respondents are the legal heirs of the deceased Mrs. Usha Sundaram and during her lifetime, she

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had purchased the schedule mentioned properties and thereafter, she died

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intestate, thereby, the petitioner and the respondents, being the surviving legal

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heirs, each are equally entitled to get those shares. The respondents have filed Page No.3 of 7

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

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O.P. No.266 of 2025

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their consent affidavit to grant succession certificate in favour of the

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petitioner. Therefore, the petitioner is entitled to the Succession Certificate.

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In view of the same, this Original Petition is allowed. The

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petitioner is entitled to the value of the shares and a direction for grant of Succession Certificate in favour of the petitioner with power to collect their

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debts, securities and to receive the interest and dividends on and negotiate and transfer the securities specified in the Schedule, as applicable till the date of

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withdrawal, is issued.

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03.11.2025 Index : Yes/No Speaking Order : Yes/No mjs

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APPENDIX:

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List of Petitioner side Witnesses: PW1 : Mr. S. Chinny Krishna

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Page No.4 of 7

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

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O.P. No.266 of 2025

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List of Petitioner side Documents:

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Exhibit No.	Date	Description of Documents
Ex.P.1.	-	Computer generated Death Certificate of Mrs. Usha Sundaram along with the Certificate under Section 63(4)of B.S.A.
Ex.P.2	-	Computer generated Legal Heir Certificate of Mrs. Usha Sundaram..
Ex.P.3	-	Computer generated Death Certificate of Mr. V. Sundaram along with the Certificate under Section 63(4)of B.S.A.
Ex.P.4.	-	Photocopy of Share Certificate of
		Cholamandalam Investment & Finance Company Limited bearing Registered Folio No.CIC000475 and Certificate No.82538 stands in the name of Captain V. Sundaram and Mrs. Usha Sundaram.
Ex.P.5	-	Photocopy of Share Certificate of AREVA T & D India Limited bearing Registered Folio No.03196394 and Certificate No.0000251810 stands in the name of Mrs. Usha Sundaram.
Ex.P.6	-	Photocopy of the Intimation letter dated 09.03.2018 addressed to PW1 by M/s. Integrated Registry Management Services Private Limited in respect of transmission of shares held byMrs. Usha Sundaram.
Ex.P.7.	-	Photocopyof Aadhar Card of PW1.
Ex.P.8.	02.09.2025	Copyofpaperpublication effected in one issue