O.P. No.338 of 2025 IN THE HIGH COURT OF JUDICATURE AT MADRAS DATED : 05.11.2025 CORAM : THE HONOURABLE MR.JUSTICE P.DHANABAL O.P. No.338 of 2025 1. Sugunamma W/o. Y. David @ V. James 2. Y. Rosaiah S/o. Y. David @ V. James 3. M. Jansi W/o. Munnanagi Raja Mohan 4. Yenduri Babu S/o. Y. David @ V. James 5. Sheeba Suresh W/o. Suresh ... Petitioners PRAYER: Original Petition is filed under Section 372 of the Indian Succession Act of 1925 read with Order XXV Rule 6 of the Original Side Rules praying to grant Succession Certificate 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. For Petitioners : Mr. D. Padmanabhan ORDER This petition has been filed by the petitioners praying to grant Page No.1 of 7 https://www.mhc.tn.gov.in/judis O.P. No.338 of 2025 Succession Certificate under Section 372 of the Indian Succession Act read with Order XXV Rule 6 of the Original Side Rules. 2. According to the petitioners, the 1st petitioner is the wife of one Mr. Y. David @ V. James and the petitioners 2 to 5 are the sons and daughters of the said Mr. Y. David @ V. James. Mr. Y. David @ V. James died intestate on 14.05.2021 leaving behind him the petitioners as his legal heirs to succeed his estate. The mother of the deceased pre-deceased him. The deceased Y. David @ V. James, during his life time, had obtained loan by pledging jewels with Bank of India in A/c Nos.567077610005829 and 567077610004940, Kanigiri Branch. Since the petitioners are the only Class- I legal heirs for the debts and to succeed the estate of the deceased, for which, the Succession Certificate is necessary to them. Therefore, they have filed this petition. 3. After filing of this Original Petition, the petitioners were directed to Page No.2 of 7 https://www.mhc.tn.gov.in/judis O.P. No.338 of 2025 effect paper publication and the same was also effected. No any objection was received from any party. Thereafter, the matter was posted for examination of witnesses and the evidence was recorded. On the side of the petitioners, they examined PW1 and marked Ex.P.1 to Ex.P16. The 4th petitioner herein has been examined as PW1. 4. This Court also perused the entire documents including the evidences. On a careful perusal of the evidence of PW1 and the documents Ex.P.1 to Ex.P16, they reveal that the petitioners are the legal heirs of the deceased Mr. Y. David @ V. James. The deceased has obtained loan by pledging jewels as mentioned in the Schedule of the petition and he died intestate, thereby, in order to recover those jewels, the petitioners are entitled to get succession certificate. 5. In view of the same, this Original Petition is allowed. The petitioners are entitled to the succession certificate for the debts and a direction for grant of Succession Certificate in favour of the petitioners with Page No.3 of 7 https://www.mhc.tn.gov.in/judis O.P. No.338 of 2025 power to collect the securities and to receive the interest and dividends on and negotiate and transfer the securities specified in the Schedule, as applicable till the date of withdrawal, is issued.. 05.11.2025 Index : Yes/No Speaking Order : Yes/No mjs APPENDIX: List of Petitioner side Witnesses: PW1 : Mr. Yenduri Babu List of Petitioner side Documents: Exhibit No. Date Description of Documents Ex.P.1. 18.04.2007 Photocopy of relevant page of The Tamil Nadu Gazette Publication for the name change of Mr. Y. David V James. Ex.P.2 - Computer generated death certificate of Mr. V. James. Ex.P.3 - Computer generated Legal Heir Certificate of Mr. V. James. Page No.4 of 7 https://www.mhc.tn.gov.in/judis O.P. No.338 of 2025 Ex.P.4. - Photocopy of front page of the Bank Passbook of Bank of India in the name of Yenduri Babu S/o. Y. David @ V. James bearing Account No.567010110002897. Ex.P.5 01.02.2022 Photocopy of the remainder letter in Telugu sent by Bank of India in respect of the recovery / termination of gold loan along with its translation. Ex.P.6 28.10.2022 Photocopy of the Auction notice issued to PW1 by bank of India, Kanigiri Branch regarding Auction of gold jewellary. Ex.P.7. - Photocopy of the Aadhar Card of Mr. James V. Ex.P.8. - Photocopy of the Aadhar Card of Mrs. Sugunamma. Ex.P.9. - Photocopy of the Aadhar Card of Mr. Y. Rosaiah. Ex.P.10 - Photocopy of the Aadhar Card of Mrs. M. Jansi. Ex.P.11 - Photocopy of PW1's Aadhar Card. Ex.P.12 - Photocopy of the Aadhar Card of Mrs. Sheeba Suresh. Ex.P.13 24.02.2023 Photocopy of the deposit receipt of Bank of India. Ex.P.14 21.02.2025 Downloaded copy of Bank transaction tracking receipt. Ex.P.15 13.08.2025 Copy of Paper publication effected in one isue of Tamil Daily "Makkal Kural". Page No.5 of 7 https://www.mhc.tn.gov.in/judis O.P. No.338 of 2025 Ex.P.16 - Certificate under Section 63(4)(c) of B.S.A. for computer generated documents. 05.11.2025 Page No.6 of 7 https://www.mhc.tn.gov.in/judis O.P. No.338 of 2025 P.DHANABAL.,J mjs O.P. No.338 of 2025 05.11.2025 Page No.7 of 7 https://www.mhc.tn.gov.in/judis