Allowed¶29

L.v.Sitalakshmi and 4 Others v. No Respondent

Madras HC2 Dec 2025OP/283/2025

Case brief

AI extract

What is this about?

Succession certificate; Section 372 Indian Succession Act of 1925; Order XXV Rule 6 Original Side Rules; intestate death of V.Seshan (08.09.1974); legal heirs; share certificates; Link Intime India Private Limited particulars letter (Ex.P10); paper publication in Makkal Kural (Ex.P11); evidence before learned Master (P.W.1, Exs.P1-P11); no objection by co-heirs; annual accounting; Madras High Court Original Side; OP No. 283 of 2025; Justice P. Dhanabal; petition allowed as prayed for.

What did the court decide?

Succession Certificate granted to the 3rd petitioner (K.S.Vaidyanathan) with power to collect securities and to receive interest, dividends thereon and negotiate and transfer the securities specified in the schedule; petitioners directed to render account once in a year. ¶29

L.v.Sitalakshmi and 4 Others 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 petitioners, as legal heirs of the deceased Mr.V.Seshan who died intestate on 08.09.1974, have proved their claim, and whether the 3rd petitioner is entitled to be granted a Succession Certificate with power to collect securities and to receive interest and dividends thereon.

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Court's answer

On perusal of Exs.P1 to P11, the Court found that Mr.V.Seshan died intestate on 08.09.1974 and the petitioners are the legal heirs of the deceased, equally entitled to the share certificates held by him during his lifetime.

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Ratio / Principle

In view of the oral and documentary evidence and the no objection given by petitioners 1, 2, 4 and 5, the Court held that the claim of the petitioners has been proved and the 3rd petitioner is entitled to get the Succession Certificate.

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Detailed headnote1 paragraphs

Madras High Court (Original Side), OP No. 283 of 2025 (P. Dhanabal J., 02-12-2025): On a petition under Section 372 of the Indian Succession Act of 1925 read with Order XXV Rule 6 of the Original Side Rules, a Succession Certificate was granted to the 3rd petitioner, K.S.Vaidyanathan, son of late V.Seshan, who died intestate on 08.09.1974 leaving share certificates. The other legal heirs (petitioners 1, 2, 4 and 5) gave no objection; paper publication drew no objections; evidence was recorded before the learned Master (third petitioner as P.W.1; Exs.P1 to P11, including death and legal heirship certificates and a letter from Link Intime India Private Limited giving particulars of the shares held by the deceased). The Court held the claim proved and issued the certificate with power to collect securities, receive interest and dividends, and negotiate and transfer the scheduled securities, directing the petitioners to render account once a year.

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OP No. 283 of 2025

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IN THE HIGH COURT OF JUDICATURE AT MADRAS

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DATED: 02-12-2025

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CORAM

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THE HONOURABLE MR.JUSTICE P. DHANABAL

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OP No. 283 of 2025

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L.V.Sitalakshmi W/o.Late V.Seshan, No.5, 5th Cross Street, United India Colony, Kodambakkam, Chennai - 600 024.

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K.S.Visalakshi W/o.Late P.V.Ramakrishnan, D/o.Late V.Seshan, Flat No.11 20/11, Lakshmi Nivasam, 5th Cross Street, United India Colony, Kodambakkam, Chennai 600 024.

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K.S.Vaidyanathan S/o.Late V.Seshan, No.20/4, 5th Cross Street, United India Colony, Kodambakkam, Chennai 600 024.

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Parvathy Jayakumar W/o.Jayakumar, D/o.Late V.Seshan, S-16, Block - II S.S.L, Green Park, Madanadhapuram, Mugalivakkam, Kancheepuram 600 125.

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K.S.Nagarajan S/o.Late V.Seshan, 20/5, Lakshmi Nivasam, 5th Cross Street, United India Colony, Opp Metro Water, Kodambakkam, Chennai 600 024.

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Petitioner(s)

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

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OP No. 283 of 2025

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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 that a Succession Certificate may be granted to the 3rd petitioner with power to collect securities and to receive interest, dividends thereon and negotiate and transfer the securities specified in the schedule hereto.

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For Petitioner(s): Mr.D.Prasanna

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ORDER

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This application has been filed by the petitioners for grant of succession certificate in favour of the 3rd petitioner with power to collect securities and to receive interest, dividends thereon and negotiate and transfer the securities specified in the schedule.

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According to the petitioners, they are the legal heirs of Mr.V.Seshan,

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who died intestate on 08.09.1974, leaving behind the petitioners 1 to 5 and one Mr.S.Vengateswaran. The said S.Vengateswaran, who is the son of the deceased Mr.V.Seshan, died on 26.11.2012 as unmarried. During the life time of said Mr.V.Seshan, he had possessed some share certificates and the petitioners are entitled to the estate of the deceased Mr.V.Seshan. Therefore, the petitioners have filed the present petition for grant of Succession Certificate.

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

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OP No. 283 of 2025

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The petitioners 1, 2, 4 & 5 have no objection for issuance of Succession Certificate in favour of the 3rd petitioner.

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This Court after filing the original petition, directed the petitioners to effect paper publication and the same was also effected. There was no objection received from any party. Thereafter, the matter was referred to the learned Master for recording evidence. Before the learned Master, the third petitioner examined himself as P.W.1 and marked Exs.P1 to P11.

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On perusal of Exs.P1 to P11 reveal that Mr.V.Seshan died intestate on 08.09.1974 and the petitioners are the legal heirs of the deceased Mr.V.Seshan. During his life time, the deceased Mr.V.Seshan had possessed some share certificates in his name. Now the petitioners are equally entitled to take up the said share certificates. It is stated that the petitioners 1, 2, 4 and 5 have no objection for issuance of Succession Certificate in favour of the 3^rd petitioner.

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Therefore, in view of the above said facts and upon consideration of the oral and documentary evidence and also the no objection given by the petitioners 1, 2, 4 and 5 for granting Succession Certificate in favour of the 3^rd petitioner, this Court is of the view that the claim of the petitioners has been proved and thus, the 3^rd petitioner is entitled to get Succession Certificate.

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

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OP No. 283 of 2025

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Accordingly, this Original Petition is allowed as prayed for and a

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direction for grant of Succession Certificate to the 3^rd petitioner with power to

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collect securities and to receive interest, dividends thereon and negotiate and transfer the securities specified in the schedule, is issued. The petitioners are directed to render account once in a year.

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02-12-2025

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Index:Yes/No Speaking/Non-speaking order Internet:Yes Neutral Citation:Yes/No

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APPENDIX

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List of Witnesses on the side of the petitioner: PW1 : Mr.K.S.Vaidyanathan

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List of Documents on the side of the petitioner:

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Ex.P1/13.09.1974 : Photocopy of the death certificate of V.Seshan. Ex.P2/06.05.1993 : Photocopy of the legal heirship certificate of deceased V.Seshan. Ex.P3/18.02.2025 : Photocopy of the computer generated copy of the death certificate of Venkateswaran. Ex.P4/22.04.2013 : Photocopy of the legal heirship certificate of deceased Venkateswaran. Ex.P5// - : Photocopy of the Aadhaar Card of the 1st petitioner.

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

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OP No. 283 of 2025

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Ex.P6/ -	:	Photocopy of the Aadhaar Card of the 2nd petitioner.
Ex.P7/ -	:	Photocopy of the Aadhaar Card of the 3rd petitioner.
Ex.P8/ -	:	Photocopy of the Aadhaar Card of the 4th petitioner.
Ex.P9/ -	:	Photocopy of the Aadhaar Card of the 5th petitioner.
Ex.P10/ -	:	Letter sent by Link Intime India Private Limited to the 3^rdpetitioner giving particulars of the shares held by deceased Seshan.
Ex.P11/03.07.2025	:	Copy of paper publication effected in Tamil Daily "Makkal Kural".