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Madras High CourtOP/429/2023ordered

Narayani Sivaprakasapillai And 2 Others v. No Respondent

2023-12-12Honourable Mr Justice N. Sathish Kumar3 pages

N.SATHISH KUMAR, J.

This Original Petition has been filed under Section 372 of the Indian Succession Act, 1925 read with Order XXV Rule 6 of the Madras High Court Original Side Rules, to grant succession certificate in favour of the petitioners with power to collect the debts and to receive interest and dividends thereon and negotiate and transfer the securities specified in the schedule.

2. Heard the learned counsel for the petitioners. 3.The petitioners are the children of the deceased Brahman Sivaprakasapillai and Vijayalakshmi Sivaprakasapillai. The deceased died intestate on 28.12.2020 and 27.01.2019 respectively at United States of America. The petitioners are the legal heirs of the deceased Brahman Sivaprakasapillai and Vijayalakshmi Sivaprakasapillai. Hence, the petitioners seeks succession certificate in their favour. 4.For issuance of succession certificate in respect of the assets left by the deceased, the third petitioner has examined herself as P.W.1 and marked Exs-P.1 to P.8.

5.P.W.1 in her 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. To prove the death of the deceased Vijayalakshmi Sivaprakasapillai, mother of the petitioners, Ex-P.1 is marked; Ex-P.2 is death certificate of the father of the petitioners; Exs-P.3 and P.4 are the legal heir certificates of the deceased.

6.Considering the averments made in the Original Petition and the documents filed by the petitioners, I am satisfied that the petitioners have succeeded the Estate of the deceased Brahman Sivaprakasapillai and Vijayalakshmi Sivaprakasapillai. Therefore, the Original Petition is ordered as prayed and a direction for grant of Succession Certificate in favour of the petitioners with power to collect the debts and to receive interest and dividends thereon and negotiate and transfer the securities specified in the schedule, is issued.

12.12.2023 TK

N.SATHISH KUMAR, J.

TK 12.12.2023