Dr.Arjundas Gobindram And 4 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 is that the first petitioner is the husband of the deceased Shobha Arjundas and second and third petitioners are the daughters and the fourth and fifth petitioners are sons of the deceased. The said Shobha Arjundas died on 19.07.1998. The petitioners are the legal heirs of the deceased Shobha Arjundas. The deceased Shobha Arjundas died intestate and though due and diligent search has been made for a Will, none has been found in respect of the securities mentioned in the schedule. The petitioners 2 to 5 have no objection in granting succession 1/4

certificate in favour of the first petitioner and they have filed consent affidavits in this regard. The deceased left the amount specified in the Schedule, within the jurisdiction of this Court. The securities in respect of which succession certificate is required for the value of Rs.71,17,000/-. Hence, the petitioners have approached this Court for grant of succession certificate in favour of the first petitioner with power to collect the securities as specified in the schedule.

4. The first petitioner was examined as P.W.1 and marked Exs.P1 to Ex.P.7.

5. P.W.1 in his evidence had narrated the averments made in the petition stating that the petitioners have filed this petition for grant of Succession Certificate in his favour. Ex.P.1 is the copy death certificate of the deceased of Shobha Arjundas. Ex.P.1 has been filed to show that the deceased Shobha Arjundas died on 19.07.1998. Ex.P.2 is the copy of legal heir certificate of the deceased Shobha Arjundas. Ex.P.2 shows that the petitioners are the legal heirs of the deceased Shobha Arjundas. Ex.P.4 has 2/4

been filed to prove the assets of the deceased Shobha Arjundas. Ex.P.7 is the Paper publication and none objected for the same.

6. Considering the averments made in the petition and the documents filed by the petitioners, I am satisfied that the petitioners have succeeded the securities of the deceased Shobha Arjundas. Therefore, the petition is ordered as prayed for and a direction for grant of Succession Certificate in favour of the first petitioner with power to collect and to receive deposit 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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