A.Jayalakshmi v. No Respondent

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 20.03.2020 C O R A M THE HONOURABLE Ms.JUSTICE P.T.ASHA 1.A. Jayalakshmi 2.S.Vijayalakshmi 3.S. Murugalakshmi 4.A.Baasubramaniam 5.S.Dhanalakshmi ...

Petitioners Prayer: Original Petition filed under Section 372 of the Indian Succession Act, 1925 read with Orders XXV Rule 6 of the Original Side Rules praying for Succession Certificate to the petitioners with power to collect the securities and to receive the interest and dividends on and negotiate and transfer the securities specified in the schedule. For petitioners : Mr.S.Gurumoorthy

ORDER

This petition is filed for grant of Succession Certificate to the petitioners with power to collect the securities and to receive the interest and dividends thereon and negotiate and transfer the securities specified in the schedule.

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2.The securities which have been detailed in the schedule to the petition stood in the name of one N. Arumugapandi, the husband of the 1st respondent and the father of the petitioners 2 to 5. The said Arumugapandi died on 12.04.2008 as it is evident from the Death Certificate marked as Ex.P.1 and that the petitioners are the legal representatives of the deceased by filing their Legal heirship Certificate, Aadhaar Cards which have been marked as Ex.P.2 to Ex.P.7. Ex.P.8 is the Share Certificate from Bank of Baroda in favour of the deceased dated 24.01.2015.

3.The petitioners have filed their proof affidavit stating that they have also taken out paper publication in one issue of Tamil Daily "Malai Sudar" dated 05.10.2019 and the said publication has been marked as Ex.P.9. Therefore, the evidence has been recorded and the documents have been marked. The 1st petitioner Jayalakshmi, wife of the deceased adduced evidence and considering the fact that the other petitioners have jointly filed this petition and the procedure contemplated under Section 2/4

372 of the Act has been complied with and as all the petitioners are the legal representatives of the deceased Arumugapandi they are entitled to the securities standing in his name equally.

In fine, this Original Petition is ordered as prayed for and the petitioners are granted Succession Certificate with power to collect securities, to receive the interest and dividends thereon and negotiate and transfer the securities.

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