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Madras High CourtOP/372/2023ordered

Vasanthi Murali And Another v. No Respondent

2023-11-07Honourable 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. It is the case of the petitioners that they are the surviving legal heirs/daughter in law and the grandson of the deceased Mrs.Rajalakshmi. The deceased Rajalakshmi, died on 21.06.1992. The parents of the deceased predeceased her. Subsequently, her husband and only son died on 31.05.2000 and 06.09.2018 respectively. 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 obtaining membership 1/4

for the beneficiary of the deceased in the Indian Performing Right Society Limited for the royalty accrued. The shares in respect of which the succession certificate is required is of the face value of Rs.1,00,000/-. Hence, the petitioners have approached this Court for grant of succession certificate in favour of the petitioners with power to collect the debts and to receive the interest and dividends on and negotiate and transfer the debts as specified in the schedule.

4. The second petitioner was examined as P.W.1 and marked Ex.P1 to Ex.P.6.

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 petitioners. Ex.P.1 is the photocopy of the death certificate of the deceased Mrs.R.Rajalakshmi. Ex.P2 is the photocopy of the legal heir certificate of the deceased Mrs.R.Rajalakshmi. Ex.P.6 is the copy of the paper publication. Despite Ex.P.6 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 petitioners with power to collect the debts and to receive the interest and dividends on and negotiate and transfer the debts as specified in the schedule together with interest as applicable till the date of withdrawal, is issued.

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N.SATHISH KUMAR, J.

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