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Madras High CourtOP/259/2020ordered

Khader Almas v. No Responent

2021-02-11Honourable Mr Justice R. Pongiappan4 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

(TESTAMENTARY AND INTESTATE JURISDICTION) THURSDAY, THE 11TH DAY OF FEBRUARY 2021 THE HON'BLE MR. JUSTICE R.PONGIAPPAN O.P.No.259 of 2020 In the matter of Indian Succession Act, XXXIX of and In the matter of debts of Viquar Ahmed died intestate

1. Mrs.KHADER ALMAS W/o.Late Viquar Ahmed, 4/8, Gandhi Avenue, Purasawalkam, Chennai-600 084

2. Ms.MARYAM D/o.Late Viquar Ahmed, Rep. by her mother Mrs.Khader Almas, 4/8, Gandhi Avenue, Purasawalkam, Chennai-600 084 ..Petitioners Original Petition praying that this Hon'ble Court be pleased to grant Succession Certificate to the Petitioners with power to collect debts and to receive interest 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, 1925 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 1st Petitioner is the wife and the 2nd petitioner is the minor daughter of Late Viquar Ahmed. The above said Viquar Ahmed died intestate on 11.09.2019. The deceased ordinarily resided at 4/8, Gandhi Avenue, Purasawalkam, Chennai - 600 084 and left the asset specified in the Schedule, within the jurisdiction of this Court. The parents of the deceased Viquar Ahmed predeceased him. The Petitioners are the only legal heirs of Late Viquar Ahmed. The deceased died intestate on 11.09.2019 and though due and diligent search has been made for a Will, none has been found.

4. The deceased left the asset within the jurisdiction of this Court and as the Petitioners are the only legal heirs of the deceased, they are entitled to the estate of the said deceased Viquar Ahmed. The Petitioners required the Succession Certificate for the purpose of realising the monies available in

the Savings Bank Account No.01241000058176 in HDFC Bank, Kilpauk Branch, standing in the name of the deceased Viquar Ahmed, morefully mentioned in the Schedule. The said assets in respect of which the Succession Certificate is required are for the value of Rs.28,10,753.69. No application for a succession certificate has been made to any District Court or delegate or to any High Court for probate of any Will of the said deceased for Letters of Administration with or without the Will annexed to his properties and credits. Hence prays for Succession Certificate with power to collect the Debts and to receive the interest thereon, specified in the Schedule.

5. The 1st Petitioner was examined as P.W.1 and four documents viz., Exs.P1 to Ex.P.4 were marked through her.

6. P.W.1 in her evidence has stated that she is the wife of the deceased Viquar Ahmed, who died intestate on 11.09.2019 and the 2nd petitioner is her minor daughter. She has filed her proof affidavit stating the facts of this case and the same may be treated as part and parcel of her examination-in-chief. Ex.P.1, is the computer generated death certificate of the deceased Viquar Ahmed. The said certificate shows that the deceased died on 11.09.2019. Ex.P.2, is the computer generated Legal Heirship

certificate dated 16.10.2019, in respect to the deceased Viquar Ahmed. Ex.P.3, is the photocopy of the Savings Bank passbook in HDFC Bank, Kilpauk Branch, held by Viquar Ahmed bearing Account No.01241000058176. Ex.P.4, is the copy of the Paper publication effected on 19.09.2020 and none has objected for it.

7. 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 Viquar Ahmed. Therefore, the petition is ordered as prayed for and a direction for grant of Succession Certificate to the petitioners with power to collect the Debts and to receive the interests thereon, specified in the Schedule, is issued. Sd/.R.P.A.J.

11.02.2021 //Certified to be a true copy// Dated this the day of 2021.

SU/16.02.2021 COURT OFFICER(O.S.) From 25.09.2008 the Registry is issuing certified copies of the Order/Judgment Decree in this format.