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Madras High CourtOP/461/2022ordered

Leela Selvam And 3 Others v. No Respondent

2023-03-17Honourable Mr Justice K.Kumaresh Babu4 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 17.03.2023

CORAM

THE HONOURABLE MR.JUSTICE K.KUMARESH BABU O.P.No.461 of 2023 1.Leela Selvam 2.Ambrose Prabha 3.Justin Benny 4.Anthony Sharmila ... 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 in favour of the first Petitioner with powers to collect and encash the securities and receive dividends thereon and negotiate and transfer the securities as specified in the schedule annexed hereto.

For Petitioners : Mr.R.Sadagopan

ORDER

The petitioners seek Succession Certificate in respect of the securities held by R.Selvam Pillai, who died intestate on 29.04.2009. The 1st petitioner is the wife, 2nd and 3rd petitoners are the sons and 4th petitioner is the daughter of the deceased R.Selvam Pillai. 1/4

2. The 2nd petitioner has been examined as P.W.1. He has produced the death certificate of the deceased R.Selvam Pillai, as Ex.P1, and the legal heirship certificate of the deceased R.Selvam Pillai, as Ex.P2. A perusal of Ex.P2 shows that the petitioners are the only legal heirs of the deceased R.Selvam Pillai. A paper publication has been made and no objections have been received.

3.In view of the above evidence, the Original Petition is allowed granting Succession Certificate in favour of the petitioners, in respect of the securities mentioned in the schedule to the petition. Index :Yes/No Petitioner's witness:

P.W.1 - Mr.S.Ambrose Prabha Documents exhibited by the petitioners:

Exhibits Documents Ex.P1 Original death certificate of Mr.R.Selvam Pillai Ex.P2 Photocopy of the legal heirship certificate of Mr.R.Selvam Pillai 2/4

Exhibits Documents Ex.P3 E-mail dated 20.03.2022 sent by the Integrated Registry Management Services Private Limited to the 2nd petitioner (this document is marked subject to its admissibility, proof and relevancy) Ex.P4 (series 7 Nos.) are the photocopies of the share certificates of the Federal Bank Limited standing in the name of the Mr.R.Selvam Pillai Ex.P5 (series 3 Nos.) are the copies of the paper publication effected in three issues of Tamil daily "Maalai Malar" dated 12.10.2022 at Vellore, Kanchipuram and Madurai where the residences of the petitioners are situated 3/4

K.KUMARESH BABU,J.

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