Allowed¶17

Desam Anthony Raj Vinoth Franklin and Another v. No Respondent

Madras HC4 Mar 2025OP/457/2023

Case brief

AI extract

What is this about?

Madras High Court, O.P.No.457 of 2023, decided 04.03.2025 by K.Kumaresh Babu J. Grant of Succession Certificate under Sections 372 & 300 of the Indian Succession Act, XXXIX 1925 read with Order XXV Rule 6 of Original Side Rules to the husband of a woman who died intestate on 27.05.2021; minor son represented by natural guardian father; proof by PW1 examination and exhibits (marriage, birth, death certificates, passport, Aadhaar); unopposed paper publication; petition allowed with power to collect securities and receive interest and dividends per schedule.

What did the court decide?

Succession Certificate granted in favour of the first petitioner (natural guardian of the minor second petitioner), with power to collect the securities and receive the interest and dividends mentioned in the schedule to the petition. ¶17

Desam Anthony Raj Vinoth Franklin and Another Vs… — Succession and Inheritance | Madras HC (2025)

What the court decided

AI extract

Outcome

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Issue for consideration

Whether the petitioners, the husband and minor son of Late Sharanya Chandrasekaran who died intestate on 27.05.2021, are entitled to a Succession Certificate in respect of the securities held by the deceased.

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Court's answer

The first petitioner was examined as PW1 and produced the marriage certificate (Ex.P1), death certificates (Ex.P2, Ex.P3), birth certificate of the second petitioner (Ex.P4), passport of the deceased (Ex.P5) and Aadhaar cards (Ex.P6, Ex.P7); on perusal of these exhibits the first petitioner is shown to be the husband of the deceased and, with her, the parent of the second petitioner.

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Ratio / Principle

The assertions in the petition were duly proved by oral evidence supported by documents, and the petitioners are entitled to the relief claimed.

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Key takeaways

The Original Petition is allowed and a Succession Certificate is granted in favour of the first petitioner, the second petitioner being a minor represented by his natural guardian father.ratio¶17
The Succession Certificate is granted with the power to collect the securities and to receive the interest and dividends mentioned in the schedule to the petition.ratio¶21

Detailed headnote1 paragraphs

Succession Certificate — Indian Succession Act, XXXIX 1925, Sections 372 & 300 read with Order XXV Rule 6 of Original Side Rules — Petition by the husband and minor son (represented by the father as natural guardian) of a woman who died intestate on 27.05.2021 — First petitioner examined as PW1; relationship proved through marriage certificate (Ex.P1), birth certificate (Ex.P4), passport (Ex.P5) and Aadhaar cards (Ex.P6, Ex.P7); death evidenced by Ex.P2 and Ex.P3 — Paper publication effected in Tamil daily 'Makkal Kural' dated 13.11.2023; no objections received — Assertions duly proved by oral evidence supported by documents — Petition allowed; Succession Certificate granted in favour of the first petitioner with power to collect the securities and receive the interest and dividends mentioned in the schedule.

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O.P.No.457 of 2023

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IN THE HIGH COURT OF JUDICATURE AT MADRAS

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DATED: 04.03.2025

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CORAM

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THE HONOURABLE MR.JUSTICE K.KUMARESH BABU O.P.No.457 of 2023

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1.D.A.Vinoth Franklin 2.D.V.Daevon Jaziel ... Petitioners

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Minor Rep., by his natural guardian father D.A.Vinoth Franklin

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PRAYER: Original Petition filed for Succession Certificate under Sections 372 & 300 of the Indian Succession Act, XXXIX 1925 read with Order XXV Rule 6 of Original Side Rules, prays that a Succession Certificate may be granted to the petitioners with the power to collect the debts and receive the interest and dividend on and negotiate and transfer the securities specified in the schedule hereto.

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For Petitioner : Mr.S.Nambirajan & Mr.M.Syed Rayhan

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ORDER

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The petitioners seek Succession Certificate in favour of the first

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petitioner in respect of the securities held by Late Sharanya Chandrasekaran, who died intestate on 27.05.2021. The petitioners are the husband and son of https://www.mhc.tn.gov.in/judis 1/5

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O.P.No.457 of 2023

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the deceased. The second petitioner is represented by the natural guardian, the first petitioner.

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The first petitioner has been examined as PW1. He has produced the death certificate of the deceased as Ex.P3. The marriage certificate of the first petitioner and the deceased as Ex.P1. The birth certificate of the Second petitioner as Ex.P4. The passport of the deceased as Ex.P5. The Aadhar card of the first petitioner as Ex.P7. On perusal of the Ex.P4, it shows that the first petitioner and deceased are the parents of the second petitioner. On perusal of the Ex.P5 and Ex.P7, it reveals that the first petitioner is the husband of the deceased. A paper publication has been made and no objections have been received.

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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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4. In view of the above evidence, the Original Petition is allowed granting Succession Certificate in favour of the first petitioner, since, the second petitioner is the minor and represented by natural guardian, the first

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

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O.P.No.457 of 2023

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petitioner, with the power to collect the securities and receive the interest and dividends mentioned in the schedule to the petition.

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04.03.2025

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

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

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3/5

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O.P.No.457 of 2023

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Petitioner's witness:

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P.W.1 — Mr.D.A.Vinoth Franklin

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Documents exhibited by the petitioner:

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*Exhibits*	*Documents*
Ex.P1	Photocopy of the extract of certificate of marriage dated 25.06.2018 issued by Registrar of Births and Marriages, Chennai-28(Compared with the original)
Ex.P2	Photocopy of the death certificate of Mrs.Saranya Chandra Sekaran issued by Vijaya Medical & Educational Trust (Compared with the original)
Ex.P3	Computer generated death certificate of Mrs.Saranya Chandra Sekaran
Ex.P4	Computer generated birth certificate of minor D.V.Daevon Jaziel
Ex.P5	Photocopy of the passport of Mrs.Saranya Chandra Sekaran (Compared with the original)
Ex.P6	Photocopy of the Aadhaar Card of Mrs.Saranya Chandra Sekaran(Compared with the original)
Ex.P7	Photocopy of PW-1's Aadhaar Card (Compared with the original)
Ex.P8	Copy of the paper publication effected in one issue of Tamil Daily“Makkal Kural” dated 13.11.2023.