Proof of heirship and securities, absent rival claims, supports a succession certificate.

The petitioner sought a succession certificate under Section 372 of the Indian Succession Act, 1925, in respect of 1,350 equity shares of IndusInd Bank Limited standing in the name of his late mother, R. Rajammal, who died intestate.

He claimed that he and respondents 1 to 3 were her surviving legal heirs.

The respondents filed consent affidavits, and no objection was made following general publication.

The petitioner gave evidence and produced documents concerning the deaths, heirs and shares.

Whether the petitioner established entitlement to a succession certificate for the shares standing in the name of the deceased

Whether the certificate could be granted where the other identified heirs consented and no objection was received

Section 372 of the Indian Succession Act, 1925, provides the basis for an application for a succession certificate; Order XXV Rule 6 of the Madras High Court Original Side Rules governed the petition’s procedure.

The Court assessed the evidence concerning the deceased’s death, the applicant’s relationship to her, the existence of the claimed securities and the absence of rival claims.

The Court found that the petitioner’s oral and documentary evidence established the death of R. Rajammal, the parties’ relationships to her and the existence of the shares for which the certificate was sought.

The respondents’ consent affidavits and the absence of objections after publication left no rival claim before the Court; it therefore found the petitioner entitled to the certificate.

The petitioner may collect the securities and give a valid discharge.

No costs were ordered.