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Madras High CourtOP/165/2020ordered

J.Niranjan v. No Respondent

2020-10-12Honourable Mr Justice N. Sathish Kumar3 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

(TESTAMENTARY AND INTESTATE JURISDICTION) MONDAY, THE 12TH DAY OF OCTOBER 2020 THE HON'BLE MR. JUSTICE N.SATHISH KUMAR O.P.No. 165 of 2020 In the matter of Indian Succession Act, XXXIX of and In the matter of securities of Indu Niranjan- Deceased Intestate

1. J.NIRANJAN S/O.LATE K.V.JAGANNATHAN,

2. SHRAVAN NIRANJAN S/O.SRI.J.NIRANJAN,

3. MINOR DHANANJAY NIRANJAN S/O.SRI.J.NIRANJAN, MINOR REPTD.

BY FATHER AND NEXT FRIEND J.NIRANJAN,ALL HAVING PERMANENT RESIDENCE AT 533, III AVENUE, ANNA NAGAR WEST EXTENSION, CHENNAI-600 101 ..Petitioners Original Petition praying that this Hon'ble Court be pleased that Succession Certificate may be granted to the 1st petitioner with power to collect the securities and debts and receive interest and dividends on and 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 under Section 372 of the Indian Succession Act read with Order XXV Rule 6 of the Madras High Court Original Side Rules, to grant succession certificate in favour of the petitioners.

2. Heard the learned counsel for the petitioners.

3. It is the case of the petitioners that the deceased Indu Niranjan is wife of the first petitioner and mother of the second and third petitioners. The said Indu Niranjan died on 26.07.2018. The petitioners are the class I legal heirs of the deceased Indu Niranjan. The deceased died intestate and though due and diligent search has been made for a Will, none has been found in respect of the debts mentioned in the schedule. The deceased left the securities in the form of shares specified in the Schedule, within the jurisdiction of this Court. The value of the assets of the deceased comes to Rs.40,63,076/-. The succession certificate is required for the purpose of collecting the debts. Hence, the petitioners have approached this Court for grant of succession certificate in favour of the petitioners with power to collect the debts as specified in the schedule.

4. On the side of the petitioners, the second petitioner was examined as P.W.1 and marked Ex.P1 to Ex.P.4.

5. P.W.1 in his evidence had narrated the averments made in the petition stating that the petitioners have filed this petition for grant of Succession Certificate in favour of the petitioners. Ex.P.1 is the death certificate of the deceased Indu Niranjan. Ex.P.1 shows that the deceased died on 26.07.2018. Ex.P.2 is the legal heirship certificate of the deceased. Ex.P.2 shows that the petitioners are the legal heirs of the deceased. Ex.P.3 and Ex.P.4 have been filed to show the assets in the name of the deceased. Ex.P.5, paper publication has also been taken out and none has objected for it.

6. Considering the averments made in the petition and the documents filed by the petitioners, I am satisfied that the petitioners have succeeded the Estate of the deceased Indu Niranjan. Therefore, the petition is ordered as prayed for and a direction for grant of Succession Certificate in favour of the petitioners with power to collect the debts and to receive interest specified in the schedule, is issued.

Sd/.N.S.K.J.

12.10.2020 //Certified to be a true copy// Dated this the day of 2020.

SU/22.10.2020 COURT OFFICER(O.S.) From 25.09.2008 the Registry is issuing certified copies of the Order/Judgment Decree in this format.