Madras High Court
OP/491/2025 of C.D.SATHISH Vs SYAMALA NAIR and 2 others on 6 October 2026
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 06-10-2026
CORAM
THE HON'BLE MR.JUSTICE P.B. BALAJI
OP No. 491 of 2025
CNR: {HCMA011675442025}
C.D.Sathish
S/o. Late N.Damodaran,
D.No.429/5,
Royal Enclave, Anna Nagar East,
Chennai 600 102.
..Petitioner(s)
Vs
1. SYAMALA NAIR
W/o. Rajagopal
No.17/57, Mahalakshmi Apartment,
Sivan Koil Street, Kodambakkam,
Chennai - 600024.
2. C.D. Ramesh
S/o late N. Damodaran
No.49/50, 5th Cross,
Mahaveera Cottage,
Ambalipura, Haralur Road
Off Sarjapura Road,
Bangalore South,
PO. HSR Layout,
Bangalore - 560102.
3. C.D. Suresh
S/o late N. Damodaran
Plot No.178, Singara Velan Nagar,
4th Street, Near Krishna Nagar,
Varadharajapuram, Mannivakkam,
Kancheepuram District - 600048.
..Respondent(s)
PRAYER: This Original Petition is filed under Section 372 of the Succession Act, XXXIX of 1925 and read with ORDER XXV Rule 6 of the High Court Original Side Rules, to issue succession certificate to the petitioner with power
to collect the securities and to receive the interest and dividends on and negotiate and transfer the securities more specifically mentioned in the schedule hereunder.
For Petitioner(s):
Mr.V.Balasubramanian
For Respondent(s):
Mr.Gajendra.M Upadhayah
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ORDER
Heard Mr.V.Balasubramanian, learned counsel for the petitioner and Mr.Gajendran M.Upadhyay, learned counsel for the respondents.
2. The petitioner is the son of late N.Damodaran. The respondents are the sister and brothers of the deceased N.Damodaran. The wife of the deceased, Suseela, predeceased him. The said N.Damodaran died intestate on 05.06.2016, leaving behind the petitioner and the respondents as the persons claiming to be his surviving legal heirs. In view of the intestate demise of N.Damodaran, the petitioner, being his younger son, has filed the present Original Petition seeking issuance of a Succession Certificate in respect of the securities standing in the name of the deceased N. Damodaran.
3. The petitioner examined himself as P.W.1 and marked Exs. P1 to P13. The respondents, who are the sister and brothers of the deceased, have filed their respective consent affidavits, expressing no objection to the grant of a
Succession Certificate in favour of the petitioner. Exs. P1 to P3 have been marked in proof of the securities standing in the name of the deceased N.Damodaran. Ex. P6 is the computer-generated Death Certificate of the deceased N.Damodaran, and Ex. P7 is the computer-generated Death Certificate of his wife, Suseela. I have perused the averments in the petition, the consent affidavits filed by the respondents, and the oral evidence adduced by the petitioner as P.W.1. Upon consideration of the same, I am satisfied that N.Damodaran died intestate on 05.06.2016 and that the petitioner and the respondents are the persons claiming to be his surviving legal heirs. The respondents have also consented to the grant of a Succession Certificate in favour of the petitioner.
4. From the oral and documentary evidence adduced by the petitioner, I find that the petitioner has established the death of N.Damodaran and his wife, Suseela, and that the petitioner and the respondents are the persons entitled to claim an interest in the securities left behind by the deceased N.Damodaran. A general paper publication, as directed by this Court, was also effected in the Tamil daily newspaper "Malai Thamizhagam", and the relevant publication has been marked in evidence through P.W.1. In view of the oral and documentary evidence on record, the consent affidavits filed by the respondents, and the
P.B.BALAJI, J. publication effected as directed by this Court, I am satisfied that the petitioner has made out a case for the grant of a Succession Certificate as prayed for.
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 mentioned in the schedule. 06-10-2026 Index: Yes/No Speaking/Non-speaking order Neutral Citation: Yes/No RKP