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Madras High CourtOP/474/2023ordered

Dinshaw Keku Parakh And Another v. No Respondent

2023-12-15Honourable Mr Justice N. Sathish Kumar4 pages

N.SATHISH KUMAR, J.

This Original Petition has been filed under Section 372 of the Indian Succession Act, 1925 read with Order XXV Rule 6 of the Madras High Court Original Side Rules, to grant succession certificate in favour of the first petitioner with power to collect the debts and securities and to receive interest and dividends thereon and negotiate and transfer the securities specified in the schedule.

2.Heard the learned counsel for the petitioners. 3.The petitioners are the children of the deceased Keku Dinshaw Parakh alias K.D.Parakh and Late. Nargesh Keku Parakh alias N.K.Parakh. The parents of the petitioners died on 02.01.2006 and 23.02.2022 respectively. The petitioners are the legal heirs of the deceased. Hence, the petitioners seek succession certificate in favour of the first petitioner.

4.For issuance of succession certificate in respect of the assets left by the deceased, the first petitioner has examined himself as P.W.1 and marked Exs-P.1 to P.10.

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 first petitioner. Ex-P.1 is the death certificate of the father of the petitioners; Ex-P.2 is the legal heirship certificate of the father of the petitioners; Ex-P.3 is the death certificate of the mother of the petitioners; Ex-P.4 is the legal heirship certificate of the mother of the petitioners; Exs-P.6 to P.9 are filed to prove the assets held by the deceased; Ex-P10 is the paper publication and none have objected for the same. The second petitioner has filed her consent affidavit. 6.Considering the averments made in the Original Petition and the documents filed by the petitioners, I am satisfied that the petitioners have succeeded the Estate of the deceased Keku Dinshaw Parakh alias K.D.Parakh and Late. Nargesh Keku Parakh alias N.K.Parakh. Therefore, the Original

Petition is ordered as prayed and a direction for grant of Succession Certificate in favour of the first petitioner with power to collect the debts and securities and to receive interest and dividends thereon and negotiate and transfer the securities specified in the schedule, is issued. 15.12.2023 TK

N.SATHISH KUMAR, J.

TK 15.12.2023