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Madras High CourtOP/797/2023allowed

Smitha Arons And Another v. No Rspondent

2024-03-11Honourable 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 petitioners.

2. Heard the learned counsel for the petitioners.

3. The petitioners are the daughters of the deceased Mr.P.Varada Reddy. The deceased died on 20.09.2017. The deceased ordinarily resided within the jurisdiction of this Court. The succession certificate is required for the purpose of claiming left savings bank account amount in the HSBC, H&S1/F, Tower 2, H.S.B.C. Centre, Sham Mong Road, Kareleon, Hong Kong to the value of Rs.3,79,84,876.45/-. Hence, the petitioners have approached this Court for grant of succession certificate in their favour with power to collect the debts and securities and to receive the interest and 1/4

dividend on and negotiated and transfer the securities as specified in the schedule.

4. The power agent of the petitioners was examined as P.W.1 and marked Exs.P1 to P.6. 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 their favour. Ex.P.1 is the photocopy of the Death Certificate of the deceased. Ex.P2 is the photocopy of the legal heir certificate of the deceased. Ex.P3 is the photocopy of the letter dated 10.09.2018 addressed to the petitioners by HSBC regarding the bank balance of the deceased. Ex.P4 is the photocopy of the Aadhar card of the P.W.1. Ex.P5 is the photocopy of the General Power of Attorney dated 28.11.2017 executed by the petitioners in favour of P.W.1. Ex.P6 is the copy of paper publication, however, none objected the same.

5. On perusal of the above evidences, this Court is of the view that the evidences substantiate the stand of the petitioners and prove that the petitioners are the legal heirs and entitled to succeed the estate left by the 2/4

deceased.

6. Accordingly, this 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. 11.03.2024 dhk 3/4

N.SATHISH KUMAR, J.

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