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Madras High CourtOP/624/2022allowed

Mumtaj Malick v. Jameela Ali Ali Mohaideen And 2 Others

2024-04-23Honourable Mr Justice C.V. Karthikeyan2 pages

O.P.No.624 of 2022 C.V.KARTHIKEYAN, J.

This original petition has been filed taking advantage of Section 372 of the Indian Succession Act, 1925 seeking Succession Certificate with respect to the with respect to the securities of the father of the petitioner and also of the respondents, A.A.Ameenudeen who died intestate on 30.10.2006 at Malaysia. The mother of the petitioner and the respondents, Najma Begam had died on 07.08.2015. The petitioner and the three respondents are the sole legal heirs of their parents. The father of the petitioner and the respondents was possessed with shares of Hindustan Lever Limited, which had been described to the schedule of the petition.

2.The respondent had been served, but they did not appear before the Court. However, I must appreciate the petitioner since an affidavit had been filed, in which she had stated as follows:

"I humbly submit that I am entitled to 1/4th share of the estate of the deceased father Ameenudeen and the Respondents are also entitled to 1/4th share each. On the grant of succession certificate, I am entitled to retain my 1/4th share in the estates of my deceased father Ameenudeen and I am ready and willing to provide 1/4th share each to the Respondents, at their request."

https://www.mhc.tn.gov.in/judis

C.V.KARTHIKEYAN,J.

smv 3.After following due procedure the petitioner was directed to tender evidence. Accordingly, the petitioner was examined as PW-1. The Death Certificates of her father and mother were marked as Exs.P1 and P3. The Legal Heirship Certificates of her father and mother were marked as Exs.P2 and P4. The document relating to the share certificate were marked as Ex.P5. As a matter of fact, the respondents had also filed their consent affidavits, but they did not appear before the Court.

4.In view of the evidence adduced, this Original Petition stands allowed. The Succession Certificate may be issued in favour of the petitioner in accordance with the rules.

23.04.2024 smv O.P.No.624 of 2022 https://www.mhc.tn.gov.in/judis