S.Thirugnanasambandam And 5 Others 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. The petitioners 1 to 3 are the sons and daughter of the deceased Mr.Swaminathan. The petitioners 4 to 6 are the wife and daughters of the late S.Sivakumar, elder son of the deceased Mr.Swaminathan. The deceased died on 20.07.2010. 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 transferring the share certificates in the name of the first petitioner to the value of Rs.21,32,800/-. Hence, the petitioners have approached this Court for grant of succession certificate in favour of 1/4

the first petitioner with power to collect the debts and securities and to receive the interest and dividend on and negotiated and transfer the securities as specified in the schedule.

4. The first petitioner was examined as P.W.1 and marked Exs.P1 & P.15. 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 first petitioner. Ex.P.1 is the photocopy of the share certificate in Hindustan Lever Limited bearing No.5370048 standing the name of the deceased. Ex.P2 is the computer generated death certificate of the deceased. Ex.P3 is the computer generated death certificate of Mrs.S.Mangayarkarasi. Ex.P4 is the computer generated death certificate of Mr.S.Sivakumar. Ex.P5 is the computer generated legal heir certificate of Mr.Sivakumar. Ex.P6 is the computer generated legal heir certificate of Mr.Swaminathan. Exs.P8 to P13 are the photocopies of the Aadhar card of the petitioners. Ex.P15 is the copy of paper publication, however, none objected the same. The petitioners 2 to 6 have given their consent affidavit for grant of succession certificate in favour of the first petitioner. 2/4

5. 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 and to receive deposit specified in the schedule together with interest as applicable till the date of withdrawal, is issued. 06.03.2024 dhk N.SATHISH KUMAR, J.

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