R.K.Sasankh and 7 others Vs No Respondent

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O.P.No.727 of 2024

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IN THE HIGH COURT OF JUDICATURE AT MADRAS

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DATED: 03.07.2025

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CORAM

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THE HONOURABLE MR.JUSTICE K.KUMARESH BABU

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O.P.No.727 of 2024

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1.Dr R K Sasankh 2.R S Nikunj 3.R S Jayant No B2, Mukthanand Apartment Bhaikaka Nagar, Thaltej Char Rasta Ahmedabad – 3800059, represented by Next friend & guardian Dr R K Shasank (court appointed Guardian vide order dated 28.11.2023 in A.No.2428/2023) 4.Dr Vinata Rajendran 5.Dr R Sucharita 6.Lakshmi Sathyachandran 7. S Rudraprakash 8.Dr S Sanath Kumar …Petitioners

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PRAYER : Original Petition filed under Section 372 of Indian Succession Act of XXXIX of 1925 read with order XXV Rule 6 of Original Side Rules, praying that a Succession Certificate may be granted to the petitioners with power to collect the debts and to receive the interest and dividends on and negotiate and transfer the securities specified in the schedule.

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For Petitioners : Mr.C.P.Prasanth Gopal

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O.P.No.727 of 2024

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ORDER

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The petitioners seek Succession Certificate in respect of the securities

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held by Late Radha Srinivasan, who died intestate on 10.06.2015 as a spinster. The deceased had five siblings in which two among five died as bachelors. The petitioners 1 to 5 and 7 to 8 are the neices and nephews of the deceased through her predeceased three siblings. The sixth petitioner is the sister-in-law of the deceased through her predeceased brother.

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2. The second petitioner has been examined as PW1. He has produced the death certificates of the deceased Radha Srinivasan and his parents as Ex.P3, Ex.P1 and Ex.P2. The legal heir certificate of the deceased as Ex.P4. The death certificates of the deceased's first brother S.Ramachandran and his wife as Ex.P5 and Ex.P6. The death certificates of the deceased's second brother S.Rajendran and his wife as Ex.P13 and Ex.P15. The legal heirship certificate of the second brother and his wife as Ex.P14 and Ex.P16. The death certificates of the bachelor brothers Ex.P7 and Ex.P9. The legal heirship certificates of the bachelor brothers as Ex.P8 and Ex.P10. The death certificate and legal heirship certificate of deceased's third brother Sathyachandran as Ex.P11 and Ex.P12. A perusal of Ex.P4, shows that the petitioners who are the nieces, nephews and sister in law of the deceased are

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O.P.No.727 of 2024

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the only surviving legal heirs of the deceased.

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3. The assertions in the petition have been duly proved by adducing

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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 petitioners, with the power to collect the debts and to receive the interest and dividends on and negotiate

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and transfer the securities mentioned in the schedule to the petition.

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03.07.2025

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kak

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Index :Yes/No Petitioner's witness: P.W.1 – Mr.R.S.Nikunj

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Documents exhibited by the petitioners:

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Exhibits	Documents
Ex.P1	Photocopy of the Death Certificate of K.Srinivasan dated 25.08.1975.(Compared with original)
Ex.P2	Photocopy of the Death Certificate of Kamali Srinivasan dated 20.11.2013.(Compared with original)
Ex.P3	Photocopy of the Death Certificate of Radha Srinivasan dated 24.08.2020.(Compared with original)

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O.P.No.727 of 2024

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Ex.P4	Photocopy of the Legalheir Certificate of Radha Srinivasan dated 21.08.2020.(Compared with the original)
Ex.P5	Photocopy of the Death Certificate of S.Ramachandaran dated 05.06.1984.(Compared with original)
Ex.P6	Photocopy of the Death Certificate of Sarojini Ramachandran dated 13.09.2016.(Compared with original)
Ex.P7	Photocopy of the Death Certificate of Dharmavatsalan dated 13.11.2019.(Compared with original)
Ex.P8	Photocopy of the Legalheir certificate of S.Dharmavatsalan dated 21.08.2020.(Compared with original)
Ex.P9	Photocopy of the Death Certificate of Jayadev Srinivasan dated 19.04.2016.(Compared with original)
Ex.P10	Photocopy of the Legalheir certificate of S.Jayadev dated 21.08.2020.(Compared with original)
Ex.P11	Photocopy of the Death certificate of Sathyachandran dated 24.08.2020.(Compared with original)
Ex.P12	Photocopy of the Legalheir certificate of Sathyachandran dated 06.02.2014.(Compared with original)
Ex.P13	Photocopy of the Death certificate of Srinivasan Rajendran dated 30.10.2021.(Compared with original)
Ex.P14	Photocopy of the Legalheir certificate of Srinivasan Rajendran dated 07.09.2016.(Compared with original)
Ex.P15	Photocopy of the Death certificate of Dr.Sulochana Rajendran dated 23.09.2021.(Compared with original)
Ex.P16	Photocopy of the Legalheirship certificate of R.Sulochana dated 18.10.2021.(Compared with original)
Ex.P17	Series of the photocopies of the Fixed Deposit receipts of Andhra Bank, Matunga, Mumbai.(Compared with originals)
Ex.P18	Series of the photocopies of the Fixed Deposit receipts of Andhra Bank, Mount Road, Chennai.(Compared with originals)
Ex.P19	Series of the photocopies of the SB & Fixed Deposit receipts of Andhra Bank,T Nagar,Chennai.
Ex.P20	Series of thephotocopies of the SB & Fixed Deposit

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	receipts of Axis Bank,T Nagar,Chenna	i.
Ex.P21	Series of the photocopies of the Fixed Bank of Madura Ltd.,T Nagar,Chennai	Deposit receipts of .
Ex.P22	Series of the photocopies of the Fixed Bank of Baroda,Baudaji and Reclaimat	Deposit receipts of ion,Mumbai.
Ex.P23	Series of the photocopies of the Fixed Bank of Baroda,T Nagar,Chennai.	Deposit receipts of
Ex.P24	Series of the photocopies of the Fixed Bank of India,Churchgate,Mumbai.	Deposit receipts of
Ex.P25	Series of the photocopies of the SB Ac India,T Nagar,Chennai.	count with Bank of
Ex.P26	Series of the photocopies of the Fixed Bank of India,T Nagar,Chennai.	Deposit receipts of
Ex.P27	Series of the photocopies of the Fixed Bank of Maharashtra,T Nagar,Chennai	Deposit receipts of .
Ex.P28	Series of the photocopies of the Fixed Canara Bank,T Nagar,Chennai.	Deposit receipts of
Ex.P29	Series of the photocopies of the SB Bank of India,Addison Branch,Chenna	Account of Central i.
Ex.P30	Series of the photocopies of the Fixed Central Bank of India,Addison Branch,	Deposit receipts of Chennai.
Ex.P31	Series of the photocopies of the SB A Bank of India,T Nagar,Chennai.	ccount of Central
Ex.P32	Series of the photocopies of the Fixed Central Bank of India,T Nagar,Chenna	Deposit receipts of i.
Ex.P33	Series of the photocopies of the SB Central Cooperative Bank,T Nagar,Ch	& FDR of Chennai ennai.
Ex.P34	Series of the photocopies of the SB Acc Mount Road,Chennai.	ount of Dena Bank,
Ex.P35	Series of the photocopies of the Fixed Dena Bank,Mount Road,Chennai.	Deposit receipts of
Ex.P36	Series of the photocopies of the Fixed Indian Bank,Ambedkar Road,Mumbai.	Deposit receipts of
Ex.P37	Series of the photocopies of the SB receipts of Indian Bank,	and Fixed Deposit Matunga Main,

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	Mumbai.(Compared with original)
Ex.P38	Series of the photocopies of the SB and Fixed Deposit receipts of Indian Bank, High Court, Chennai.(Compared with original)
Ex.P39	Series of the photocopies of the FDR & SB Account of Indian Bank, North Usman Road, Chennai.(Compared with original)
Ex.P40	Series of the photocopies of the Fixed Deposit receipts of Indian Bank, Pattulos Road, Chennai.(Compared with original)
Ex.P41	Series of the photocopies of the SB Account with Indian Bank,T Nagar,Chennai.(Compared with original)
Ex.P42	Series of the photocopies of the Fixed Deposit receipts of Indian Bank,T Nagar,Chennai.(Compared with original)
Ex.P43	Series of the photocopies of the SB Account of Indian Overseas Bank, Mount Road, Chennai.(Compared with original)
Ex.P44	Series of the photocopies of the Fixed Deposit receipts of Indian Overseas Bank, Mount Road, Chennai.(Compared with original)
Ex.P45	Series of the photocopies of the SB and Fixed Deposit receipts of Indian Overseas Bank, Stella Marris, Chennai.(Compared with original)
Ex.P46	Series of the photocopies of the Fixed Deposit receipts of Indian Overseas Bank, T Nagar, Chennai.(Compared with original)
Ex.P47	Series of the photocopies of the Locker with Indian Overseas Bank, T Nagar, Chennai.(Compared with original)
Ex.P48	Series of the photocopies of the SB Account with Indian Overseas Bank, T Nagar, Chennai.(Compared with original)
Ex.P49	Series of the photocopies of the Fixed Deposit receipts of Karur Vysa Bank, Whites Road, Chennai.(Compared with original)

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Ex.P50	Series of the photocopies of the Fixed Deposit receipts of Punjab National Bank, Matunga, Mumbai.(Compared with original)
Ex.P51	Series of the photocopies of the Fixed Deposit receipts of State Bank of India, T Nagar, Chennai.(Compared with original)
Ex.P52	Series of the photocopies of the Fixed Deposit receipts of Sundaram Finance Ltd, T Nagar, Chennai.(Compared with original)
Ex.P53	Series of the photocopies of the Fixed Deposit receipts with Syndicate Bank, Reclamation, Mumbai.(Compared with original)
Ex.P54	Series of the photocopies of the Fixed Deposit receipts of Syndicate Bank, Matunga Main, Mumbai.(Compared with original)
Ex.P55	Photocopy extract of the SB Account with TNSC Bank, T Nagar,Chennai.
Ex.P56	Series of the photocopies of the Fixed Deposit receipts of TNSC Bank,T Nagar,Chennai.(Compared with original)
Ex.P57	Series of the photocopies of the Fixed Deposit receipts of Union Bank of India, Matunga, Mumbai.(Compared with original)
Ex.P58	Series of the photocopies of the SB Account with United Bank of India,Matunga,Mumbai.(Compared with original)
Ex.P59	Series of the photocopies of the Fixed Deposit receipts of United Bank of India, T Nagar, Chennai.(Compared with original)
Ex.P60	Series of the photocopies of the Fixed Deposit receipts of Vijaya Bank, Mount Road, Chennai.(Compared with original)
Ex.P61	Series of the photocopies of the SB and Fixed Deposit receipts of Vijaya Bank, T Nagar, Chennai.(Compared with original)
Ex.P62	Series of the photocopies of the Fixed Deposit receipts of Vijaya Bank,Wadala,Mumbai.(Compared with original)

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Ex.P63	Series of the photocopies of the Share Certificates of Sundaram Fastners.(Compared with original)
Ex.P64	Series of the photocopies of the Mutual Funds Certificates of Indian Bank.(Compared with original)
Ex.P65	Series of the photocopies of the Mutual Funds Certificates of Bank of India.(Compared with original)
Ex.P66	Series of the photocopies of the Mutual Funds Certificates of State Bank of India.(Compared with original)
Ex.P67	Series of the photocopies of the Certificates and warrants issued byUnit Trust of India.(Compared with original)
Ex.P68	Webcopy of the Judgment in C.S.566/2014 along with decreepassed byMadras High Court dated 10.11.2020.
Ex.P69	Photocopy of the Power of Attorney by 8^thpetitioner in favour of 7^th petitioner dated 08.08.2020.