B.Sulochana And 5 Others 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 petitioners 1 to 3 are the son and daughter of the deceased, petitioners 4 and 6 are the grandchildren and 5th petitioner is the daughter in law. The husband of the deceased predeceased her on 30.12.1992 and the deceased died on 29.10.2007. It is the case of the petitioners that they are the Class I Legal heirs. 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 taking possession of liquidating the equity shares and releasing 1/5

the amount payable to the deceased. 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 to receive the interest and dividend on and negotiated and transfer the securities as specified in the schedule. Consent affidavit is filed by the petitioners 2 to 6 for granting succession certificate in favour of the first petitioner.

4. The first petitioner was examined as P.W.1 and marked Exs.P1 & P.14.

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. Exs.P.1 to P.5 are the photocopies of the share certificates standing in the name of deceased. Ex.P7 is the photocopy of the death certificate of the deceased. Ex.P.8. is the photocopy of the legal heir certificate of the deceased. Ex.P.14 is the copy of paper publication, however, none objected for the same. 2/5

6. Considering the averments made in the petition as well as the documents and consent affidavit filed by the petitioners 2 to 6, this petition is ordered as prayed for and a direction for grant of Succession Certificate in favour of the first petitioner with power to collect the debts and to receive the interest and dividends on and negotiate and transfer the securities 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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