← Library
Madras High CourtOP/690/2023ordered

Puneet Mallick v. No Respondent

2024-03-20Honourable Mr Justice N. Sathish Kumar4 pages

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 petitioner.

2. Heard the learned counsel for the petitioner.

3. The petitioner is the son of the deceased Mrs.Usha Mallick. The husband of the deceased/father of the petitioner died on 29.05.2014. The deceased died on 10.12.2021. 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 collecting the dividend transferring the same in the name of the petitioner to the value of Rs.1,36,18,958.60/-. Hence, the petitioner has approached this Court for grant of succession certificate in his favour with power to collect the debts and securities and to receive the interest and dividend on and negotiated and 1/4

transfer the securities as specified in the schedule.

4. The petitioner was examined as P.W.1 and marked Exs.P1 & P.7. P.W.1 in his evidence had narrated the averments made in the petition stating that the he has filed this petition for grant of Succession Certificate in his favour. Ex.P.1 is the computer generated death certificate of his father Prem Malick, who died on 29.05.2014. Ex.P2 is the computer generated death certificate of the deceased. Ex.P3 is the computer generated legal heir certificate of the deceased. Ex.P4 is the photocopy of the passport of the petitioner. Ex.P5 is the photocopy of the Overseas citizenship card dated 04.03.2014. Ex.P7 is the downloaded copy of the details of share in DP ID No.IN300378 of the deceased. Ex.P8 is the legal heir certificate of the father of the petitioner.

5. On perusal of the above evidences, this Court is of the view that the evidences substantiate the stand of the petitioner and prove that the petitioner is the legal heir entitled to succeed the estate left by the deceased.

6. Accordingly, this petition is ordered as prayed for and a direction 2/4

for grant of Succession Certificate in favour of the petitioner with power to collect and to receive deposit specified in the schedule together with interest as applicable till the date of withdrawal, is issued. 20.03.2024 dhk N.SATHISH KUMAR, J.

3/4

dhk 20.03.2024 4/4