Jayaraj Govindaraj And 2 Others v. No Respondent

O.P.No.221 of 2023 N.SATHISH KUMAR, J.

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 first petitioner. 2.

Heard the learned counsel for the petitioners. 3.

It is the case of the petitioners that first and third petitioners are sons and the second petitioner is the daughter of deceased / V.Sathiavathy Govindaraj. Thus, the petitioners are the surviving Class I legal heirs of the deceased V.Sathiavathy Govindaraj, who died on 10.12.2021. The husband of deceased V.Sathiavathy Govindaraj, predeceased her. 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 amount specified in the Schedule, within and outside the jurisdiction of this Court. The succession certificate is required for the purpose of collecting the securities / 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. The first petitioner examined himself as P.W.1 and marked Exs.P1 to Exs.P5.

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.P1 is the computer generated death certificate of Late V.Sathiavathy Govindaraj. Ex.P2 is the legal heir certificate issued on 06.03.2022. Ex.P3 is the copy of paper publication effected on 29.08.2023. Ex.P4 relates to details of shares standing in the name of V.Sathiavathy Govindaraj in Mothilal Oswal and Ex.P5 is sworn affidavit for receiving electronic evidence for Ex.P4.

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 V.Sathiavathy Govindaraj. 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 and to receive deposit specified in the schedule together with interest as applicable till the date of withdrawal, is issued. 05..12..2023 kmk

N.SATHISH KUMAR, J.

kmk O.P.No.221 of 2023 05..12..2023