Sharda Devi Agarwal And 3 Others v. No Respondent

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 01.04.2024

CORAM

THE HONOURABLE MS.JUSTICE C.V.KARTHIKEYAN 1.Sharda Devi Agarwal 2.Akash Kumar Agarwal 3.Ayush Kumar Agarwal 4.Savitri Devi Agarwal ... Petitioners PRAYER: Original Petition filed for Succession Certificate under Section 372 of Indian Succession Act, 1925 under Order XXV Rule 6 of Original Side Rules, prays that a Succession Certificate may be granted to the 1st petitioner with power to collect the securities and to receive the interest and dividends thereon and negotiate and transfer the securities specified in the Schedule hereunder.

For Petitioners : Mr. T.K.S. Bharathy Shri

ORDER

This Original Petition has been filed under section 372 of the Indian Succession Act, 1925 seeking issuance of Succession Certificate of the deceased Binod Kumar Agarwal who died on 01.04.2017. 1/5

2.

The 1st petitioner is his wife, 2nd and 3rd petitioners are his sons and 4th petitioner is his mother. The details of the securities have been given in the schedule to the petition.

3.

Paper publication effected. There is no objector. 4.

The 1st petitioner examined herself as PW.1 and Ex.P1 to Ex.P8 were marked through her.

5.

Taking into consideration the facts and circumstances, the Original Petition stands allowed and the Succession Certificate shall be issued in favour of the 1st petitioner, with power to collect the securities and to receive the interest and dividends thereon and negotiate and transfer the securities specified in the Schedule hereunder on payment of appropriate succession duty, if not paid earlier.

Index :Yes/No 2/5

APPENDIX Petitioners' witness:

P.W.1 - Mrs.Sharda Devi Agarwal Documents marked:

Exhibits Documents Ex.P1 The computer generated death certificate of Mr.Binod Kumar Agarwal.

Ex.P2 Photocopy of the legal heirship certificate of Mr.Binod Kumar Agarwal (compared with the original).

Ex.P3 Photocopy of my Aadhaar Card (compared with the original).

Ex.P4 Computer generated GST registration certificate issued in my favour dated 04.12.2020.

Ex.P5 Photocopy of the share certificate in Century Plyboards India Limited bearing No.00000333 standing in the name of Ply Home (compared with the original).

Ex.P6 Photocopy of the share certificate in Star Cement Limited bearing No.00000412 standing in the name of Ply Home (compared with the original).

Ex.P7 Photocopy of the share certificate in Shyam Century Ferrous Limited bearing No.00000452 standing in the name of Ply Home (compared with the original). 3/5

Exhibits Documents Ex.P8 Copy of the paper publication effected in one issue of Tamil Daily "Makkakl Kural" dated 28.02.2024. 4/5

C.V.KARTHIKEYAN, J.

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