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Madras High CourtOP/382/2023ordered

Indrapal Singh Aidhen v. No Respondent

2023-10-05Honourable Mr Justice N. Sathish Kumar4 pages

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 petitioner.

2.Heard the learned counsel for the petitioner. 3.It is the case of the petitioner that the petitioner is the husband of the deceased Mrs.Jaimala Singh. The petitioner is the surviving class I legal heir of the deceased Mrs.Jaimala Singh. The deceased Jaimala Singh died on 05.02.2022. The deceased died intestate and though due and diligent search has been made for a Will, none has been found in respect of the debts mentioned in the schedule. The deceased left the amount specified in the schedule, within the jurisdiction of this Court. The succession certificate is required for the purpose of collecting the debts. Hence, the petitioner has 1/4

approached this Court for grant of succession certificate in favour of the petitioner with power to collect the debts as specified in the schedule. 4.The petitioner was examined as P.W.1 and marked Exs.P1 to Ex.P.4. P.W.1 in his evidence had narrated the averments made in the petition stating that the petitioner has filed this petition for grant of Succession Certificate in favour of the petitioner. Ex.P.1 is the computer generated death certificate of Mrs.Jaimala Singh. Ex.P.1 has been filed to prove that the deceased died on 05.02.2022. Ex.P.2 is the computer generated legal heirship certificate of Mrs.Jaimala Singh. Ex.P.2 shows that the petitioner is the legal heir of the deceased Mrs.Jaimala Singh. Ex.P.3 is the photocopy of P.W.1's Aadhaar Card (Compared with the original). Ex.P.4 is the downloaded copy of the statement of account of State Bank of India bearing A/c.No.30966953622 in respect of Mrs.Jaimala Singh.

5. Considering the averments made in the petition and the documents filed by the petitioner, I am satisfied that the petitioner has succeeded the Estate of the deceased Mrs.Jaimala Singh. Therefore, the petition is ordered 2/4

as prayed for and a direction for grant of Succession Certificate in favour of the petitioner with power to collect the securities and to receive dividends on and negotiate and transfer the securities specified in the schedule, is issued.

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N.SATHISH KUMAR, J.

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