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Madras High CourtOP/395/2022allowed

N.Abdul Mallick And 5 Others v. No Respondent

2022-11-16Honourable Mr Justice C.V. Karthikeyan2 pages

O.P.No.395 of 2022 O.P.No.395 of 2022 C.V.KARTHIKEYAN,J., The Original Petition filed under Section 372 of the Indian Succession Act, 1952, seeking to issue Succession Certificate in favour of all the six petitioners jointly, relating to the securities described in the schedule to the petition and which, stood in the names of D.Noor Mohamed and Tmt.M.Zubeidha Begum.

2. D.Noor Mohamed had died on 01.03.2004 and Tmt.M.Zubeidha Begum had died on 28.09.2007.

3. It is stated that the 1st to 4th petitioners are their legal representatives.

4. It is stated that N.Abdul Malick, N.Junaidha Begum, N.Rasheeda Begum and N.Mohammed Idhris were legal heirs.

5. One of the legal heirs N.Junaidha Begum had died intestate on 19.12.2021 leaving behind the 4th to 6th petitioners as her surviving legal heirs.

6. It is further stated that in the Original Petition, the petitioners 1 to 3 are each entitled to an undivided 1/4th share in the value of the securities 1/2 https://www.mhc.tn.gov.in/judis

O.P.No.395 of 2022 C.V.KARTHIKEYAN,J., ssi and the petitioners 4 to 6 are entitled to an undivided 1/4th share of the estate of their mother N.Junaidha Begum.

7. After following due procedure, the petitioners were directed to tender evidence.

8. Mr. N.Mohammed Idhris, the 3rd petitioner had examined himself as P.W.1. The Death Certificate of D.Noor Mohamed was marked as Ex.P1 and the Legal Heirship Certificate was marked as Ex.P2. The Death Certificate of Tmt.M.Zubeidha Begum was marked as Ex.P3 and the Legal Heirship Certificate was marked as Ex.P4. The Death Certificate of N.Junaidha Begum was marked as Ex.P16 and the Legal Heirship Certificate was marked as Ex.P17. The details of the Share Certificates were marked as Exs.P5 to P15. The Joint consent affidavits given by the 1st, 2nd, 4th to 6th petitioners were marked as Ex.P18.

9. In view of the evidence recorded, the Original Petition stands allowed. The Succession Certificate to be issued in the names of all the six petitioners.

16.11.2022 ssi O.P.No.395 of 2022 2/2 https://www.mhc.tn.gov.in/judis