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Madras High CourtOP/492/2021allowed

Nazeem Banu v. Razeen Ahmed

2021-12-10Honourable Mr Justice Abdul Quddhose4 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

(TESTAMENTARY AND INTESTATE JURISDICTION) FRIDAY, THE 10TH DAY OF DECEMBER 2021 THE HON'BLE MR. JUSTICE ABDUL QUDDHOSE O.P.No.492 of 2021 In the matter of the Indian Succession Act, XXXIX of 1925 and In the matter of securities of Mahammadu Meeran Sahib Ahamed Mohideen (Intestate -Deceased) NAZEEM BANU, W/o.Late Mahammadu Meeran Sahib Ahamed Mohideen, No.2A, Ground Floor, A3 Block, Shri Mahalakshmi Apartments, Secretariat Colony, City Link Road, Adambakkam, Chennai - 600088.

..Petitioner -Vs1. RAZEEN AHMED S/o.Late Mahammadu Meeran Sahib Ahamed Mohideen,

2. FAYAZ AHMED S/o.Late Mahammadu Meeran Sahib Ahamed Mohideen, Both 1 and 2 residing at No.2A, Ground Floor, A3 Block, Shri Mahalakshmi Apartments, Secretariat Colony, City Link Road, Adambakkam, Chennai - 600088.

..Respondents

Original Petition praying that this Hon'ble Court be pleased that a Succession Certificate may be granted to the petitioner with power to collect the debts and to receive the interest and dividends on negotiate and transfer the securities specified in the schedule in the petition. This Original Petition coming on this day before this court for hearing the court made the following order:

This petition has been filed for Succession Certificate. 2.

The petitioner is the wife of the deceased, Mahammadu Meeran Sahib Ahamed Mohideen who died intestate on 05.01.2019 leaving behind the securities morefully described in the schedule to the petition filed in support of O.P.No.492 of 2021. The petitioner being his wife and respondents being his sons are his only legal heirs.

3. Since the Companies in which the securities stood in the name of the deceased, Mahammadu Meeran Sahib Ahamed Mohideen have insisted for production of Succession Certificate, the petitioner has approached this Court seeking for grant of Succession Certificate in her favour.

4. Before the learned Master, the petitioner was examined as a witness (P.W.1). In her deposition, she has reiterated the contents of the

petition filed in support of O.P. No.492 of 2021. Through P.W.1, the following documents were marked as Exhibits : Exhibits Nature of the document Ex.P-1 Computer generated death certificate of the petitioner's husband Mahammadu Meeran Sahib Ahamed Mohideen Ex.P-2 Computer generated Legal Heirship certificate dated 18.01.2020 in respect of Mahammadu Meeran Sahib Ahamed Mohideen Ex.P-3 Computer generated statement holding as on 23.01.2021 issued by HDFC Bank Limited, Chennai - 90 in respect of shares held by Mahammadu Meeran Sahib Ahamed Mohideen Ex.P-4 Computer generated net banking HDFC Bank classic savings account summary issued by HDFC Bank in respect of savings account bearing account No.00821050066886 held by Mahammadu Meeran Sahib Ahamed Mohideen Ex.

P-5 Consent affidavit given by the 1st respondent stating that he has no objection in grant of succession certificate Ex.P-6 Consent affidavit given by the 2nd respondent stating that he has no objection in grant of succession certificate Ex.P-7 Copy of paper publication effected in one issue of Tamil daily "Makkal Kural"dated 10.11.2021.

5. The respondents who are the sons of the deceased, Mahammadu Meeran Sahib Ahamed Mohideen have filed their consent affidavits which have been marked as Ex.P5 and Ex.P6 respectively, stating their No Objection for grant of Succession Certificate in favour of their mother viz., the petitioner herein.

6. An averment has also been made in the petition that no application has been made to the District Court or delegate or to any High Court for Probate of any Will of the deceased or Letters of Administration with or without the Will annexed to the properties and credits of the deceased. No

application for Succession Certificate in respect of any debts or security belonging to the estate of the deceased has been made to any District Court or delegate or to any High Court.

7.

This Court, after perusing and examining the pleadings as well as the evidence available on record is inclined to grant Succession Certificate in favour of the petitioner as prayed for in O.P. No.492 of 2021. Accordingly, O.P. No.492 of 2021 is allowed.

Sd/.A.Q.J.

10.12.2021 //Certified to be a true copy// Dated at Madras this the day of 2021. SU./28.12.2021 COURT OFFICER(O.S.) From 25.09.2008 the Registry is issuing certified copies of the Orders/Judgments/Decrees in this format.