K.Srinivasan And Another v. No Respondent

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 first petitioner.

2. Heard the learned counsel for the petitioners.

3. It is the case of the petitioners that the petitioners are the Class-II legal heirs of the deceased K.Gowri. The deceased K.Gowri, died on 11.10.2016, issue-less. 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 claiming the amount standing to the credit of the deceased, which is payable to the petitioners. Hence, the petitioners have approached this Court for grant of succession certificate in 1/4

favour of the first petitioner with power to collect the debts and to receive the interest and dividends on and negotiate and transfer the securities as specified in the schedule.

4. The first petitioner was examined as P.W.1 and marked Ex.P1 to Ex.P.9.

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 first petitioner. The second petitioner has given consent affidavit for grant of succession certificate to the first petitioner. Exs.P.1 is the original death certificate of the deceased. Ex.P22 is the photocopy of the legal heir certificate of the deceased. Exs.P6 & P7 are the photocopy of the bank passbook and FDRs. Ex.P8 is the copy of paper publication. Ex.P9 is the photocopy of the decree passed in F.C.O.P.No.1245 of 2003 by the Principal Family Court, Chennai. Despite Ex.P.8 paper publication, none objected and the same is recorded. 2/4

6. 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 first petitioner with power to collect the debts and to receive the interest and dividends on and negotiate and transfer the securities as specified in the schedule together with interest as applicable till the date of withdrawal, is issued. 23.11.2023 dhk 3/4

N.SATHISH KUMAR, J.

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