Allowed¶16

Suguna Velayutham and 2 others v. No Respondent

Madras HC7 Feb 2025OP/475/2024

Case brief

AI extract

What is this about?

Madras High Court, O.P.No.475 of 2024, decided 07.02.2025 by Justice K.Kumaresh Babu: Succession Certificate granted to siblings (Suguna Velayutham, M.Balasubramani, M.Paneerselvam) of Late M.Maleeswari, who died intestate on 19.12.2022 as a spinster; legal heirship certificate Ex.P5 proved sole-heir status; SBI account statement and certificate (Ex.P6, Ex.P7) regarding securities/account and locker; Section 372 Indian Succession Act 1925; Order XXV Rule 6 Original Side Rules; Section 65B Indian Evidence Act 1872 certificate (Ex.P10); uncontested after paper publication.

What did the court decide?

Succession Certificate granted in favour of the petitioners, with power to collect the debt and receive the interest in respect of the securities mentioned in the schedule to the petition. ¶16

Suguna Velayutham and 2 others Vs No Respondent — Succession and Inheritance | Madras HC (2025)

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O.P.No.475 of 2024

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IN THE HIGH COURT OF JUDICATURE AT MADRAS

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DATED: 07.02.2025

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CORAM

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THE HONOURABLE MR.JUSTICE K.KUMARESH BABU O.P.No.475 of 2024

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1.Suguna Velayutham 2.M.Balasubramani 3.M.Paneerselvam

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…Petitioners

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PRAYER : Original Petition filed for issuance of Succession Certificate under Section 372 of the Indian Succession Act, 1925 read with Order XXV Rule 6 of Original Side Rules, prays that a Succession Certificate may be granted to the petitioners with power to collect the debts and to receive interest specified in the schedule hereunder pass such further or other orders as this Hon'ble Court may deem fit and proper in the circumstances of the case.

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For Petitioner : Ms.D.Kalaiselvi

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

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O.P.No.475 of 2024

ORDER

The petitioners seek Succession Certificate in respect of the securities held by Late.M.Maleeswari, who was a spinster, died intestate on 19.12.2022. The petitioners are the siblings of the deceased. The parents and one brother of the Late.M.Maleeswari predeceased her.

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The third petitioner has been examined as PW1. He has produced the death certificates of his parents and siblings as Ex.P1 to Ex.P4 and the legal heirship certificate of the Late M.Maleeswari as Ex.P5. A perusal of ExP5 shows that the petitioners are the only legal heirs of the Late M.Maleeswari. A paper publication has been made and no objections have been received.

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In view of the above evidence, the Original Petition is allowed granting Succession Certificate in favour of the petitioners, to collect the debt and receive the interest in respect of the securities mentioned in the schedule to the petition.

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07.02.2025

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kak

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

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O.P.No.475 of 2024

Index :Yes/No

Petitioner's witness: P.W.1 - Mr.M.Paneerselvam Documents exhibited by the petitioners:

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*Exhibits*	*Documents*
Ex.P1	Computergenerated death certificate of Mr.M.Muthu.
Ex.P2	Computergenerated death certificate of Mrs.M.Devaki.
Ex.P3	Computergenerated death certificate of Mr.Vijaykumar.
Ex.P4	Computergenerated death certificate of Mrs.M.Maleeswari.
Ex.P5	Computer generated legal heir ship certificate of Mrs.M.Maleeswari.
Ex.P6	Original account statement for the period 01.04.2023 to 31.03.2024 issued by State Bank of India in respect of the account held byMs.M.Maleeswari.
Ex.P7	Original certificate dated 18.04.2024 issuedd by State Bank of India in respect of the account beraing No.10313586290 and locker bearingNo.49830898663 held byMrs.Malleswari.
Ex.P8	(Series 3 Nos) are the photocopies of the Aadhar Cards of the petitioners(Compared with originals).
Ex.P9	Copy of the paper publication effected in one issue of Tamil daily“Makkal Kural” dated 11.10.2024.
Ex.P10	Certificate under Section 65 B of the Indian Evidence Act, 1872.