Allowed¶29

Srinivasan Muthugopal and 7 Others v. No Respondent

Madras HC12 Mar 2025OP/637/2024

Case brief

AI extract

What is this about?

Succession Certificate; Section 372 Indian Succession Act XXXIX of 1925; Order XXV Rule 6 Original Side Rules 1956; Madras High Court Original Side; O.P.No.637 of 2024; intestate deaths of P.Muthugopal (15.03.1999) and Pankajalakshmi (04.01.2007); legal heirship certificates Ex.P2/P5/P7/P10; consent affidavits Ex.P14 to Ex.P19; paper publication Makkal Kural 04.12.2024 Ex.P20 no objections; certificate granted to Srinivasan Muthugopal with power to collect securities and receive interest and dividends; PW1 examination; K. Kumaresh Babu J.; decided 12.03.2025; no respondent appearance.

What did the court decide?

Succession Certificate granted to the first petitioner (Srinivasan Muthugopal) with power to collect the securities and receive the interest and dividends mentioned in the schedule to the petition. ¶29

Srinivasan Muthugopal and 7 Others Vs No Respondent — Succession and Inheritance | Madras HC (2025)

What the court decided

AI extract

Outcome

Succession Certificate granted to the first petitioner (Srinivasan Muthugopal) with power to collect the securities and receive the interest and dividends mentioned in the schedule to the petition.

¶29

Issue for consideration

Whether the petitioners are entitled to a Succession Certificate in favour of the first petitioner over the securities of the intestate deceased, Late P.Muthugopal and late. Pankajalakshmi.

¶22

Ratio / Principle

On perusal of the death certificates and legal heirship certificates produced, it can be inferred that the petitioners are the only surviving legal heirs of the deceased.

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Key takeaways

The assertions in the petition have been duly proved by oral evidence supported by documents; consequently the petitioners are entitled to the relief sought.ratio¶28
The Original Petition is allowed and a Succession Certificate is granted in favour of the first petitioner with power to collect the securities and receive the interest and dividends mentioned in the schedule to the petition.ratio¶29

Detailed headnote1 paragraphs

Madras High Court, O.P. No. 637 of 2024 (K. Kumaresh Babu, J., 12.03.2025): On an Original Petition under Section 372 of the Indian Succession Act, XXXIX of 1925 read with Order XXV Rule 6 of the Original Side Rules 1956 seeking a Succession Certificate, the court granted the certificate to the first petitioner, Srinivasan Muthugopal, son of Late P.Muthugopal and late. Pankajalakshmi who died intestate (15.03.1999 and 04.01.2007), with power to collect the scheduled securities and receive interest and dividends thereon. Death certificates and legal heirship certificates (Ex.P1 to Ex.P10) showed the eight petitioners - the surviving son, three daughters-in-law and grandsons through three predeceased sons (one petitioner a minor represented by his mother, the 7th petitioner) - to be the only surviving legal heirs. Consent affidavits (Ex.P14 to Ex.P19) were filed and a paper publication in Makkal Kural (04.12.2024, Ex.P20) drew no objections; the first petitioner examined as PW1 proved the assertions by oral and documentary evidence, and the Original Petition was allowed.

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O.P.No.637 of 2024

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IN THE HIGH COURT OF JUDICATURE AT MADRAS

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DATED: 12.03.2025

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CORAM

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THE HONOURABLE MR.JUSTICE K.KUMARESH BABU

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O.P.No.637 of 2024

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1.Srinivasan Muthugopal

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2.Jamunalakshmi Balavenkataraman

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3.Prashanna

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4.Sriprasath

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5.N.Banumathi

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6.Naveen Nagamanickam

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7.Thavamani Kuppusamy

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8.Pethannapradeep (minor) ... Petitioners (minor rep., by guardian/mother, the 7^th petitioner, Thavamani Kuppusamy)

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PRAYER: Original Petition filed for Succession Certificate under Section 372 of the Indian Succession Act, XXXIX of 1925 read with under Order XXV Rule 6 of Original Side Rules 1956, prays to grant a Succession Certificate to the first petitioner with the power to collect the securities, to receive interest, dividends thereon and negotiate and transfer the securities specified in the schedule hereto.

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For Petitioner : Ms.K.P.Uma Maheswari

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For Respondent : No Appearance

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

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O.P.No.637 of 2024

ORDER

The petitioners seek Succession Certificate in favour of the first petitioner in respect of the securities held by Late P.Muthugopal and late. Pankajalakshmi, who died intestate on 15.03.1999 and 04.01.2007. The first petitioner is the son of the deceased. The petitioners 2 to 4 are the daughter in law and grandsons of the deceased through his son Balavenkataraman. The petitioners 5 and 6 are the daughter in law and grandson of the deceased through his son Nagamanickam. The petitioners 7 and 8 are the daughter in law and grandson of the deceased through his son M.Mohan who changed his name from Santhanakrishnan vide Gazette Notification dated 26.08.2015.

¶23

The first petitioner has been examined as PW1. He has produced the photocopy of the death certificates of the deceased persons, their three sons as Ex.P1, Ex.P3, Ex.P4, Ex.P6 and Ex.P9. The legal heirship certificates of the deceased P.Muthugopal and his three sons as Ex.P2, Ex.P5, Ex.P7 and Ex.P10. On perusal of Ex.P2, it shows that the deceased persons had four sons including the first petitioner. Ex.P5 shows that the deceased son Balavenkatraman had a wife and two sons who are the

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

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O.P.No.637 of 2024

¶27

petitioners 2 to 4 herein. Ex.P7, reveals that the deceased son Nagamanickam had a wife and a son who are the petitioners 5 and 6 herein. Ex.P10, shows that the deceased son Mohan had a wife and a son who are the respondents 7 and 8 herein. The Gazette Notification for name change as Ex.P8. From the above observation, it can be inferred that the petitioners herein are the only surviving legal heirs of the deceased person. The consent affidavit to grant succession certificate in favour of the first petitioner were marked as Ex.P14 to Ex.P19. A paper publication has been made and no objections have been received.

¶28

3.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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In view of the above evidence, the Original Petition is allowed granting Succession Certificate in favour of the first 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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12.03.2025

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

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O.P.No.637 of 2024

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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O.P.No.637 of 2024

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Petitioner's witness:

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P.W.1 — Mr.Srinivasan Muthugopal

¶41

Documents exhibited by the petitioner:

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*Exhibits*	*Documents*
Ex.P1	Photocopy of the death certificate of deceased late P.Muthugopal, dated 15.03.1999, (Original is produced, compared and returned to the petitioner's counsel)
Ex.P2	Photocopy of the legal heir certificate of deceased late P.Muthugopal, dated 21.03.2007. (Original is produced, compared and returned to the petitioner's counsel)
Ex.P3	Photocopy of the death certificate of deceased late Pankajalakshmi, W/o.P.Muthugopal, dated 04.01.2007.
Ex.P4	Computer generated copy of the death certificate of the deceased Balavenkataraman S/o.Late P.Muthugopal
Ex.P5	Computer generated copy of the legal heir certificate of deceased Balavenkataraman S/o.Late P.Muthugopal
Ex.P6	Photocopy of the death certificate of the deceased Nagamanickam S/o.Late P.Muthugopal, (Original is produced, compared and returned to the petitioner's counsel)
Ex.P7	Photocopy of the legal heir certificate of deceased Nagamanickam S/o.Late P.Muthugopal. (Original is produced, compared and returned to the petitioner's counsel)
Ex.P8	Photocopy of the gazetted notification issued by Tamilnadu Government, dated 26.08.2015 for name change of M.Santhana Krishna as M.Mohan (Original is produced, compared and returned to the petitioner's counsel).
Ex.P9	Computer generated copy of the death certificate of deceased Mohan@Santhanakrishnan S/o.Late P.Muthugopal.
Ex.P10	Photocopy of the legal heir certificate of deceased Mohan @ Santhana Krishnan (Original is produced, compared and returned to the petitioner's counsel)

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

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O.P.No.637 of 2024

Ex.P11

*Exhibits*	*Documents*
Ex.P11	Photocopyof the letter dated 07.02.2024.
Ex.P12	Photocopy of the letter dated 29.05.2023. (Original is produced, compared and returned to the petitioner's counsel)
Ex.P13	Photocopyof the letter dated 17.08.2023
Ex.P14	Consent affidavit of the 2^ndpetitioner
Ex.P15	Consent affidavit of the 3^rdpetitioner
Ex.P16	Consent affidavit of the 4^thpetitioner
Ex.P17	Consent affidavit of the 5^thpetitioner
Ex.P18	Consent affidavit of the 6^thpetitioner
Ex.P19	Consent affidavit of the 7^thpetitioner
Ex.P20	Paper publication in Makkal Kural effected on 04.12.2024.

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12.03.2025

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Gba

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O.P.No.637 of 2024

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K.KUMARESH BABU,J.

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Gba

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O.P.No.637 of 2024

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12.03.2025

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

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Srinivasan Muthugopal and 7 Others v. No Respondent

Case brief

What is this about?

What did the court decide?

Srinivasan Muthugopal and 7 Others v. No Respondent

Case brief

What is this about?

What did the court decide?

Why is it important?

What the court decided

Issues for consideration

Statutes considered

Parties & counsel

Coram

Case details

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