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2025 DAILYLAW 85720 (MAD)

L.R.PARTHASARATHY v. Padmavathy Ramasubramanian and 21 Others

OP/752/2022 · 2025-03-25

K Kumaresh Babu

Transfer Petitionbody2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

OP No. 752 of 2022 IN THE HIGH COURT OF JUDICATURE AT MADRAS DATED: 25-03-2025 CORAM THE HONOURABLE MR JUSTICE K.KUMARESH BABU OP No. 752 of 2022 1. L.R.Parthasarathy 3/2, Bank of India Colony, Ashok Nagar, Chennai - 600 083. Petitioner(s) Vs 1. Mrs.Padmavathy Ramasubramanian and 21 Others Flat No.7, A-2, Building, Vihar Mitra Co-operative Housing Society, Mahatma Gandhi Road, Gorigaon West, Mumbai - 400 062. 2.Mr.R.S.Ramprasadh New No.16, Old No.23-b, Coral Bay Apartments, Iii Seaward Road, Valmiki Nagar, Thiruvanmiyur, Chennai - 600 041. 3.Mr.R.S.Sivaprasad Ii Floor, No.44, Bagirathi Ammal Street, T.nagar, Chennai - 600 017. 4.Mr.Suresh Krishna @ Raghavan https://www.mhc.tn.gov.in/judis OP No. 752 of 2022 Flat 2-c, Land Marvel Jothi, Door No.5, Raman Street, T.nagar, Chennai - 600 017. 5.Mr.Ramesh Flat 2-c, Land Maqrvel Jothi, Door No.50, Raman Street, T.nagar, Chennai - 600 017. 6.Mr.Pranadharthiharan @ Sridhar No.4/9, I Cross Street, Swaminatha Nagar, Kottiwakkam, Chennai - 600 041. 7.Mr.Subha Anand Srivatsa 29-31, Akshaya Colony, Mogappair, Chennai - 600 050. 8.Mrs.Vasantha Baskar Rajan Flat No.6, Plot No.145, Pushpanjali Apartment, 14th Road, Chembur, Mumbai - 400 011. 9.Mr.K.Subramanian 13/36, Lakshmi Nagar V Street Extension, Nanganallur, Chennai - 600 061. 10.Mr.Shanthi Ramachandran A-1, Jain Ankolika, No.8, Ii Street, East Abhiramapuram, Chennai - 600 004. 11.Mr.K.Rajan No.27, Krishnaswamy Avenue, Luz Church Road, Mylapore, Chennai - 600 https://www.mhc.tn.gov.in/judis OP No. 752 of 2022 004. 12.Mrs.Lalitha Mohan Flat - D, Ground Floor, Lakshmi Apartments, No.36, K.k.ponnurangam Salai, Om Shakthinagar, West K.k.nagar, Chennai - 600 078. 13.Mr.G.Padmanabhan No.6, Sriram Colony, Alwarpet, Chennai - 600 018. 14.Mr.K.S.Sivarajan @ K.S.Rajan Sri Krishna, Plot No.22, Vijayarangam Compound, Iv Cross, Iii Main Road, Silver Oak Street, Puttanahalli East, J.p.nagar, Bangalore - 560 078. 15.Mrs.Girija Srinivasan B-block, I Floor, No.1, Sai Yokesh Flat, No.42, West Vanniyar Street, West K.k.nagar, Chennai - 600 078. 16.Mrs.Prabha Mathrubutham H-45, Nathan Subramanian Colony, Velachery, Chennai - 600 042. 17.Mrs.Padmini Yegyanarayanan No.6, Parthasarathy Street, Saligramam, Chennai - 600 093. 18.Mr.K.S.Ravishankar S-6, Ii Floor, Rao's Chandrika Apartments, 100, G.s.t.road, Chrompet, Chennai - 600 044. https://www.mhc.tn.gov.in/judis OP No. 752 of 2022 19.Mrs.Indira Radhakrishnan 291/1, Belvadi, 7th Cross, I Block, Jayanagar, Bangalore - 560 011. 20.Mrs.Padma Raghupathy No.10, Vyasar Street, T.nagar, Chennai - 600 017. 21.Mr.L.R.Chandrasekaran @ Krishnan No.51/8, Ashok Manasarovar, I Avenue, Ashok Nagar, Chennai - 600 083. 22.Mrs.Revathy V.Gopal @ Pattu Flat No.5, Senovar, Anand Park Lane, No.5, Aundh, Pune - 411 007. Respondent(s) PRAYER Petition filed under Section 372 of Indian Succession Act, 1925, under Order XXV Rule 6 of O.S.Rules, praying that this Hon'ble Court may be pleased to issue a Succession Certificate to the petitioner with power to collect the debts and to receive interest and dividends thereon, transfer the debts and as specified in the schedule. For Petitioner(s): S.Ramesh For Respondent(s): M/s.T.Balaji For R1 to R22 ORDER The petitioner seek Succession Certificate in respect of the securities which are mentioned in the schedule, held by Late.Mrs.Seethalakshmi, who died intestate on 01.12.2015. The petitioner is the elder brother of the deceased. https://www.mhc.tn.gov.in/judis OP No. 752 of 2022 2. The petitioner has been examined as PW1. He has produced the computer generated death certificates of the deceased late.Mrs.Seethalakshmi and her predeceased husband as Ex.P3 and Ex.P1. The legal heirship certificate of the husband of the deceased as Ex.P2, which proves that the deceased Late.Mrs.Seethalakshmi is the only legal heir to her husband and the couple did not have any issues in the duration of their marriage. A will dated 09.01.2013 executed by Late.Mrs.Seethalakshmi in respect of the immovable properties is marked as Ex.P4, where the deceased has stated the relationship between herself and the petitioner and appointed him as one of the executor to the above said will. The respondents R1 to R22 have given their consent affidavits in favour of the petitioner which is wholly marked as Ex.P10(series)(22Nos). A general 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 petitioner is entitled to the relief. https://www.mhc.tn.gov.in/judis OP No. 752 of 2022 4. In view of the above evidence, the Original Petition is allowed granting Succession Certificate in favour of the petitioner, with the power to collect the securities and receive the interest and dividends mentioned in the schedule to the petition. 25.03.2025 kak Index :Yes/No Petitioner's witness: P.W.1 – Mr.L.R.Parthasarathy Documents exhibited by the petitioners: Exhibits Documents Ex.P1 Computer generated copy of the death certificate of R.S.Lakshmi Narasimhan died on 10.01.2006. Ex.P2 Photocopy of the legal heir certificate of R.S.Lakshmi Narasimhan dated 07.02.2006. Ex.P3 Computer generated copy of the death certificate of Mrs.Seethalakshmi died on 01.12.2015. Ex.P4 Photocopy of the Will of Mrs.Seethalakshmi in respect of immovable properties dated 09.01.2015. Ex.P5 Photocopy of the fixed deposit receipts. Ex.P6 Photocopy of the letter sent by the petitioner to Manager of State Bank of India with indemnity bond dated 12.07.2017. Ex.P7 Photocopy of the letter sent by the petitioner to the State https://www.mhc.tn.gov.in/judis OP No. 752 of 2022 Exhibits Documents Bank of India dated 31.10.2018. Ex.P8 Photocopy of the fixed deposit receipts and State Bank of India saving account, Abiramapuram, Chennai. (Original is produced, compared and returned to the petitioner's counsel) Ex.P9 Photocopy of the deposit locker confirmation letter sent to petitioner by the Canara Bank, Abiramapuram Branch, Chennai. Ex.P10 (Series) (22 Nos) are the consent affidavits of R1 to R22. Affidavit under Section 65 B of Indian Evidenc Act is filed for Exs.P1 and P3. 25-03-2025 kak Index:Yes/No https://www.mhc.tn.gov.in/judis OP No. 752 of 2022 K.KUMARESH BABU, J. kak O.P.No.752 of 2022 25.03.2025 https://www.mhc.tn.gov.in/judis