Habeeb Syed Mohamed Mukrim And 3 Others v. No Respondent

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 05.03.2025

CORAM

THE HONOURABLE MR.JUSTICE K.KUMARESH BABU 1.Habeeb Syed Mohamed Mukrim 2.S.A.Noorul Ameena 3.H.S.Ayesha Fathima 4.Habeeb Syed Sayeed Aslam ... Petitioners PRAYER: Original Petition filed for Letters of Administration under Section 372 of Indian Succession Act 1925, read with Order XXV Rule 6 of the Original Side Rules praying to grant succession certificate to the 1st petitioner namely Habeeb Syed Mohamed Mukrim with the power to collect the securities and to receive the interest and dividends on and negotiate and transfer the securities specified in the Schedule herein. For Petitioners : M/s.G.Mohammed Aseef

ORDER

The petitioners seek Succession Certificate in respect of the securities held by Late.Syed Abdul Kader, who died intestate on 05.11.2021. The petitioners are the wife, two sons and a daughter of the deceased.

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2. The first petitioner has been examined as PW1. He has produced the computer generated death certificate of the deceased Syed Abdul Kader as Ex.P1. The legal heirship certificate of the deceased as Ex.P3. A perusal of Ex.P3 shows that the petitioners are the only surviving legal heirs of the deceased Syed Abdul Kader. A paper publication has been made and no objections have been received.

3.The assertions in the petition have been duly proved by adducing oral evidence supported by documents. In these circumstances, the petitioners are entitled to the releif.

4. In view of the above evidence, the Original Petition is allowed granting Succession Certificate in favour of the first petitioner, with the power to collect the securities and receive the interest and dividends mentioned in the schedule to the petition.

Index :Yes/No Speaking: Yes/ No 2/4

Petitioner's witness:

P.W.1 -Mr.Habeeb Syed Mohamed Mukrim Documents exhibited by the petitioners:

Exhibits Documents Ex.P1 Computer generated death certificate of Mr.Syed Abdul Kader Ex.P2 Computer generated Demat Account statement as on 31.01.2022 given by IndusInd Bank in respect of shares and securities held by Mr.H.Syed Abdul Kader Ex.P3 Computer generated legal heir ship certificate of Mr.Syed Abdul Kader Ex.P4 Photocopy of the Aadhar Card of Mr.Syed Abdul Kader Ex.P5 Photocopy of my Aadhar Card Ex.P6 Photocopy of Aadhar Card of the second petitioner Ex.P7 Photocopy of Aadhar Card of the third petitioner Ex.P8 Photocopy of Aadhar Card of the fourth petitioner Ex.P9 Photocopy of pan card of Mr.Syed Abdul Kader Ex.P10 Copy of the paper publication effected in one issue of Tamil Daily "Makkal Kural" dated 02.10.2024 Ex.P11 Certificate under Section 65B of the Indian Evidence Act, 3/4

K.KUMARESH BABU,J.

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