Allowed¶19

C.M.Visweswaran v. No Respondent

Madras HC12 Feb 2025OP/530/2024

Case brief

AI extract

What is this about?

Succession certificate; Section 372 Indian Succession Act; Original Side Rules XXV Rule 6; intestate succession; sole legal heir; legal heirship certificate Ex.P10; paper publication Makkal Kural 18.10.2024; Section 65B Indian Evidence Act certificate; Madras High Court Original Side; O.P. 530 of 2024; decided 12 February 2025; K. Kumaresh Babu, J.; securities — LIC Mutual Fund bond, Union Bank of India, Apollo Hospitals Enterprise Ltd., State Bank of India, Bank of Baroda shares, SBI savings account.

What did the court decide?

Succession Certificate granted in favour of the petitioner in respect of the securities in the schedule to the petition, with power to collect the debts and to receive interest mentioned therein. ¶19

C.M.Visweswaran Vs No Respondent — Succession and Inheritance | Madras HC (2025)

¶1

O.P.No.530 of 2024

¶2

IN THE HIGH COURT OF JUDICATURE AT MADRAS

¶3

DATED: 12.02.2025

¶4

CORAM

¶5

THE HONOURABLE MR.JUSTICE K.KUMARESH BABU

¶6

O.P.No.530 of 2024

¶7

C.M.Visweswaran ... Petitioner

¶8

PRAYER: Original Petition filed under Section 372 of the Indian Succession Act r/w.XXV Rule 6 of the Original Side Rules to collect the Debts and Securities and to receive interest and dividends thereon and negotiate and transfer the Securities specified in the Schedule hereunder.

¶9

For Petitioner : Mr.S.L.Sudarsanam

¶10

O R D E R

¶11

The petitioner seeks Succession Certificate in respect of the securities

¶12

held by Late C.Masillamoney, who died intestate on 25.10.2008. The petitioner is the only son of the deceased and his mother predeceased her husband.

¶13

The 1st petitioner has been examined as PW1. He has produced the

¶14

computer generated death certificates of the deceased C.Masillamoney and his wife Late.Vijaya Lakshmi as Ex.P9 and Ex.P8 respectively. The legal

¶15

1/5

¶16

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

¶17

O.P.No.530 of 2024

¶18

heirship certificate of the deceased as Ex.P10. A perusal of Ex.P10 shows that the petitioner is the only legal heirs of the deceased C.Masillamoney. A paper publication has been made and no objections have been received.

¶19

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

¶20

12.02.2025

¶21

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

¶22

Petitioner witness:

¶23

P.W.1 —Mr.C.M.Visweswaran

¶24

Documents exhibited by the petitioner:

¶25

*Exhibits*	*Documents*
Ex.P1	Photocopy of the LIC Mutual Fund bond standing in the name of Mr.Chinnagavanam Masilamoney
Ex.P2	Photocopy of the share certificate in Union Bank of India standingin the name of Mr.C.Masilamoney
Ex.P3	Photocopy of the share certificate in Apollo Hospitals Enterprise Limited standingin the name of Mr.C.Masilamoney
Ex.P4	Photocopyof the share certificate in Apollo Hospitals

¶26

2/5

¶27

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

¶28

O.P.No.530 of 2024

¶29

*Exhibits*	*Documents*
	Enterprise Limited Standing in the name of Mr.C.Masilamoney
Ex.P5	Photocopy of the share certificate in State Bank of India standingin the name of Mr.Chinnagavanam Masilamoney
Ex.P6	Photocopy of the share certificate in Bank of Baroda standing in the name of Mr.Chinnagavanam Masilamoney
Ex.P7	Photocopy of the savings bank passbook in State Bank ofIndia Park Town branch standingin the name of Mr.C.Masilamani
Ex.P8	Computergenerated death certificate of Mrs.Vijayalakshmi
Ex.P9	Computergenerated death certificate of Mr.C.Masilla Money
Ex.P10	Photocopy of the legal heir ship certificate of Mr.C.Masilamani
Ex.P11	Photocopyof PW1-Aadhar Card
Ex.P12	Photocopyof PW1 – Pan card
Ex.P13	Copy of paper publication effected in one issue of Tamil Daily “Makkal Kural” dated 18.10.2024
Ex.P14	Certificate under Section 65B of the Indian Evidence Act, 1872