Banu Venkatesh And Another 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. It is the case of the petitioners that the first petitioner is the wife of the deceased Venkatesh G and the second petitioner is their son. The said Venkatesh G died on 13.02.2023. The petitioners are the class I legal heirs of the deceased Venkatesh G. The deceased died intestate and though due and diligent search has been made for a Will, none has been found in respect of the debts mentioned in the schedule. There is no other person to be impleaded in this petition. The second petitioner has given consent affidavit for issuance of Succession Certificate in favour of the first petitioner. The deceased left the amount specified in the Schedule, within the jurisdiction of 1/4

this Court. The debts in respect of which succession certificate is required for the value of Rs.19,52,429.5/-. Hence, the petitioners have approached this Court for grant of succession certificate in favour of the first petitioner with power to collect the debts and securities as specified in the schedule.

4. The first petitioner was examined as P.W.1 and marked Exs.P1 to Ex.P.5.

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 favour of the first petitioner. Ex.P.2 is the copy of the computer generated death certificate of the deceased Venkatesh G. Ex.P.2 shows that the deceased Venkatesh G died on 13.02.2023. Ex.P.3 is the computer generated legal heir certificate of the deceased Venkatesh G. Ex.P.3 has been filed to show that the petitioners are the legal heirs of the deceased Venkatesh G. Ex.P.4 is the statement of holding for the period from 10.04.2023 given by JM Financial Services Limited in respect of the shares and debentures standing in the name of the deceased. Ex.P.5 is the 2/4

Paper publication and none objected for the same.

6. Considering the averments made in the petition and the documents filed by the petitioners, I am satisfied that the petitioners have succeeded the debts and securities of the deceased Venkatesh G. Therefore, the 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.

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N.SATHISH KUMAR, J.

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