Madras High CourtOP/828/2018allowed

Debts Of Mr.H.Eqbal @ v.

2019-06-24Honourable Mr Justice R. Subramanian3 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

(TESTAMENTARY AND INTESTATE JURISDICTION) MONDAY, THE 24th DAY OF JUNE 2019 THE HON'BLE MR. JUSTICE R.SUBRAMANIAN O.P. No.828 of 2018 In the matter of Indian Succession Act 1925 in respect of the Debts of Mr.H.Eqbal @ H.Iqbal deceased Intestate 1.Mr.I.Syed Ali, 34 years, S/o.Late Mr.H.Eqbal @ H.Iqbal, No.295, 13th Street, Periyar Nagar, Korattur, Chennai 600 080 2.I.Mumtaz @ Hasina, aged 45 years, W/o.Late Mr.H.Eqbal @ H.Iqbal, 3.Ms.I.Hawa Roshan, aged 22 years, D/o.Late Mr.H.Eqbal @ H.Iqbal 4.Ms.I.Shakira, aged 19 years D/o.Late Mr.H.Eqbal @ H.Iqbal Petitioners 2 to 4 are residing at No.286, 18th Street, First Block, Muthamizh Nagar, Chennai600 118 ...Petitioners Original Petition praying that this Honble Court be pleased to grant a Succession Certificate to the petitioners with a power to collect the debts and to receive interest specified in the schedule in the petition.

This Original Petition coming on this day before this Court for hearing the court made the following oder: The petitioners seek issuance of Succession Certificate in respect of the securities held by late H.Eqbal @ H.Iqbal, who died intestate on 11.09.2012.

2. According to the petitioners, they are the only legal heirs of the deceased being wife, son and daughters. The 1st petitioner has been examined as PW1. He has produced the death certificate of Sharifa Beevi mother of H.Eqbal @ H.Iqbal as Ex.P2. The marriage certificate between H.Eqbal @ H.Iqbal and Roshan Beevi [1st wife] has been produced as Ex.P3. Ex.P4 is the original legal heirship certificate of the deceased H.Eqbal @ H.Iqbal. Ex.P5 is the marriage certificate evidencing the marriage between the deceased H.Eqbal @ H.Iqbal and the 2nd petitioner. Ex.P9 is the death certificate of the Roshan Beevi viz., the 1st wife of H.Eqbal @ H.Iqbal who died on 29.04.1990.

3. From the legal heirship certificate produced as Ex.P4 it is seen that the petitioners are the only legal heirs of the deceased H.Eqbal @ H.Iqbal.

4. Considering the said evidence, this Original Petition is allowed granting Succession Certificate in respect of the securities that stand in the name of the deceased H.Eqbal @ H.Iqbal in favour of the petitioners. sd/-R.S.M.J 24.06.2019 //Certified to be a true copy// Dated this the day of 2019.

R.s/08.07.2019 COURT OFFICER From 25.09.2008 the Registry is issuing certified copies of the Order/Judgment Decree in this format.