Madras High Court
OP/558/2025 of G. Vasavambal (Since Deceased) and 2 others Vs Jayasree and 2 others on 7 October 2026
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 07-10-2026
CORAM
THE HON'BLE MR.JUSTICE P.B. BALAJI
OP No. 558 of 2025
CNR: {HCMA012245462025}
1. G. Vasavambal (Since Deceased)
W/o. Late G.Gopalan,
No.6/54, Kombai Kadu,
Sri Vasavi Muthiyorillam,
Udaiyapatti, Kadashramam,
Salem 636 140.
(Amended as per order dated 14.07.2026 made in A.No.2865 of 2026 in O.P.NO.558 of 2025)
2. G.Viswanathan
S/o. Late G.Gopalan,
Flat 3/9, Fifth Floor,
Aanandham Apartments,
Kilpauk Garden Colony,
Kilpauk, Chennai 600 010.
3. Punitha Sivakumar
D/o. Late G.Gopalan,
Door No.28/13, Jinna Street,
Salem Main Road,
Kaveripattinam,
Krishnagiri 635 112.
..Petitioner(s)
Vs
1. Jayasree
W/o. Late Sivaraman,
Door No.25-I,
Abirami Amman Koil Street,
Dindigul 624 001.
2. SarathKumar
S/o. Late Sivaraman,
Door No.25-I,
Abirami Amman Koil Street,
Dindigul 624 001.
3. Saranya
D/o. Late Sivaraman,
Door No.25-I,
Abirami Amman Koil Street,
Dindigul 624 001.
..Respondent(s)
PRAYER: This Original Petition is filed for Succession Certificate under Section 372 of the Indian Succession Act, 1925 read with ORDER XXV Rule 6
of the O.S Rules, prays that a Succession Certificate may be granted in favour of the petitioners with power to collect the securities and to receive the interest and dividends on and negotiate and transfer the Securities specified in the Schedule B hereto.
For Petitioner(s):
Ms.S.B.Madhura
For Respondent(s):
No Appearance
Citations and Judicial Treatment
Cited by
0
Decisions in the index citing it
Cites
0
Decisions referred to
In this index
0
Of the decisions it cites
Overruled / Questioned
0
No negative treatment found
Loading the citing and cited decisions…
This judgment in the centre: on the left the decisions it cites, on the right the decisions citing it. Colour is the treatment; choose a decision to open it.
ORDER
This Original Petition has been filed to grant Succession Certificate under the provisions of Indian Succession Act, to collect the securities and to receive the interest and dividends on and negotiate and transfer the Securities specified in the Schedule B.
2. Heard Ms.S.B.Madura, learned counsel for the petitioners.
3. The petitioners are wife, son and daughter of deceased G.Gopalan, who died intestate. The first petitioner, wife of the deceased Gopalan, died pending the Original Petition and the same was recorded pursuant to the order dated
14.07.2026 in A. No.2865 of 2026. The respondents are wife and children of pre deceased son of G.Gopalan, by name Sivaraman. The respondents despite service of notice, have neither chosen to appear in person nor though Counsel, leave alone come forward to object to the grant of Succession Certificate as prayed for by the petitioners. The petitioners, in fact, fairly disclosed and admitted to the entitlement of the respondents to the estate of late G.Gopalan and has restricted the issuance of Succession Certificate to only 2/3rd post recording the demise of the first petitioner. The second petitioner examined himself as P.W.1 and marked Ex.P1 to Ex.P6.
4. On going through the evidence of P.W.1 and I am satisfied that the petitioners have established the intestate demise of G.Gopalan and their entitlement to grant of succession certificate. Paper publication has also been effected in Tamil daily “Makkal Kural”, in pursuance of the orders of the learned Master. In view of the respondents not coming forward to object or even consent to the grant of Succession Certificate and their share is not been in any manner affected by grant of succession certificate in favour of the petitioners and considering the express prayer made in the Original Petition, restricting the relief of grant of succession certificate to Schedule B property, I am inclined to entertain the Original Petition.
P.B.BALAJI, J.
5. In fine, this Original Petition is allowed and the Succession Certificate shall be issued in favour of the petitioner to collect the securities and to receive the interest and dividends on and negotiate and transfer the Securities specified in the Schedule B. 07-10-2026 Index: Yes/No Speaking/Non-speaking order Neutral Citation: Yes/No RKP