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Madras High CourtOP/743/2022ordered

Sundaram Manohar v. Vigney Kumar

2024-03-06Honourable Mr Justice N. Sathish Kumar4 pages

N.SATHISH KUMAR, J.

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 petitioner.

2. Heard the learned counsel for the petitioner.

3. It is the case of the petitioner that he is the husband of the deceased Kala Manohar. The first respondent is their children. The petitioner and the respondent are the sole class-I legal heirs of the deceased. The deceased died on 09.01.2020. The deceased died intestate left the amount specified in the Schedule, within the jurisdiction of this Court. The succession certificate is required for the purpose of transferring the share certificates in the name of the petitioner to the value of Rs.15,90,044/-. Hence, the petitioner has approached this Court for grant of succession certificate in his favour with power to collect the debts and securities and to receive the interest and 1/4

dividend on and negotiated and transfer the securities as specified in the schedule.

4. The petitioner was examined as P.W.1 and marked Exs.P1 & P.4. P.W.1 in his evidence had narrated the averments made in the petition stating that the petitioner has filed this petition for grant of Succession Certificate in his favour. Ex.P.1 is the computer generated death certificate of the deceased. Ex.P2 is the computer generated legal heir certificate of Mrs.Kala Manohar. Ex.P3 is the computer generated statement of holding as on 19.07.2022 given by SBICAP Securities Limited, Mumbai in respect of share and securities standing in the name of the deceased. Ex.P4 is the copy of paper publication, however, none objected the same. The respondent has given his consent affidavit for issuing succession certificate in favour of the petitioner.

5. Considering the averments made in the petition as well as the documents, this petition is ordered as prayed for and a direction for grant of Succession Certificate in favour of the petitioner with power to collect and to 2/4

receive deposit specified in the schedule together with interest as applicable till the date of withdrawal, is issued.

06.03.2024 dhk N.SATHISH KUMAR, J.

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