Madras High Court
Smt.Usharani Sudhakar vs Unknown on 21 February, 2025
O.P.No.535 of 2024
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 21.02.2025
CORAM
THE HONOURABLE MR.JUSTICE K.KUMARESH BABU
O.P.No.535 of 2024
1.Smt.Usharani Sudhakar
2.Thiru.G.K.Vasan …Petitioners
PRAYER: Original Petition filed for grant of Succession Certificate under
Section 372 of the Indian Succession Act 39 of 1925 read with Order XXV
Rule 6 of O.S.Rules, prays that a Succession Certificate may be granted to the
second petitioner Thiru.G.K.Vasan and with power to collect the securities
and to receive the interest and dividends thereon and negotiate & transfer the
securities and Debentures specified in the Scheduled hereto.
For Petitioners : Mr.D.Sreenivasan
ORDER
The petitioner seeks Succession Certificate in respect of the securities held by Late G.Karuppiah Moopanar, who died intestate on 30.08.2001. The petitioners are the children of the deceased. The wife and parents of the deceased are dead. The petitioners are only the surviving legal heir of the deceased.
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2. The first petitioner has been examined as PW1. She has produced the death certificates of the deceased and his wife as Ex.P1 and Ex.P7. The legal heir certificate of the deceased and his wife as Ex.P2 and Ex.P8. The Aadhar and PAN Card of the petitioner were marked as Ex.P9 to P12. The consent affidavit of the first petitioner as Ex.P14. A perusal of ExP2 and Ex.P8, Ex.P9 to P12, shows that the deceased and his wife have two children, who are the petitioners. The petitioners are the only surviving legal heir of the deceased. A paper publication has been made and no objections have been received.
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.
4. In view of the above evidence, the Original Petition is allowed granting Succession Certificate in favour of the second petitioner G.K.Vasan, in respect of the securities mentioned in the schedule to the petition.
21.02.2025 kak Index :Yes/No Petitioner's witness:
2/5https://www.mhc.tn.gov.in/judis O.P.No.535 of 2024 P.W.1 - Mrs.Usharani Sudhakar Documents exhibited by the petitioners:
Exhibits Documents
Ex.P1 Death Certificate of Late Mr.G.Karuppiah Moopanar dated
05.09.2001.
Ex.P2 Photocopy of the Legal Heirship Certificate of Late
Mr.G.Karuppiah Moopanar dated 07.09.2001. (Compared with the original) Ex.P3 Photocopy of the Share Certificate bearing Regd Folio No.00085287 of Eicher Motors Limited with Distinctive Nos. from 24489459 to 24489558 dated 16.09.2004 (Compared with original) Ex.P4 Photocopy of the Share Certificate bearing Regd Folio No.00085287 of Eicher Motors Limited with Distinctive Nos. from 24489559 to 24489658 dated 16.09.2004 (Compared with original) Ex.P5 Photocopy of the Share Certificate bearing Regd Folio No.00085287 of Eicher Motors Limited with Distinctive Nos. from 24489659 to 24489679 dated 16.09.2004 (Compared with original) Ex.P6 Photocopy of the Dividend Certificate dated 01.06.2009 issued by the Eicher Motors Limited (Compared with original) Ex.P7 Photocopy of the Death Certificate of Kasthuri Ammal K dated 04.07.2019 (Compared with original) Ex.P8 Photocopy of the Legal Heir Certificate of Kasthuri Ammal K dated 15.08.2019 (Compared with original) Ex.P9 Photocopy of the Aadhaar Card of Usharani Sudhakar.
(Compared with original) Ex.P10 Photocopy of the PAN Card of S Usharani (Compared with original) Ex.P11 Photocopy of the Aadhaar Card of G.K.Vasan (Compared with original) Ex.P12 Photocopy of the PAN Card of G K Vasan (Compared with 3/5 https://www.mhc.tn.gov.in/judis O.P.No.535 of 2024 Exhibits Documents original) Ex.P13 Photocopy of the Notice sent by the Link Intime India Pvt Ltd to the 2nd petitioner dated 03.02.2024 (Compared with original) Ex.P14 Consent Affidavit of Usharani Sudhakar.
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