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Madras High CourtOP/623/2022ordered

K.S.Radhakrishnan And 3 Others v. No Respondent

2023-12-22Honourable Mr Justice N. Sathish Kumar4 pages

N.SATHISH KUMAR, J.

This Original Petition has been filed under Section 372 of the Indian Succession Act, 1925 read with Order XXV Rule 6 of the Madras High Court Original Side Rules, to grant succession certificate in favour of the first petitioner with power to collect the debts and securities and to receive the interest and dividends thereon and negotiate and transfer the securities specified in the schedule.

2.Heard the learned counsel for the petitioners. 3.The deceased Mr.S.Vijayaraghavan is a Bachelor and he died on 11.05.2021. The petitioners are the brothers and sisters of the deceased. One S.Valmiki and N.Bageerathi who are brother and sister of the deceased also died on 24.02.2022 and 31.03.2022 respectively. The petitioners are the surviving Class-II legal heirs of the deceased and represented through their Power Agent R.Lakshmanan. Therefore, the petitioners, being Class-II legal heirs of the deceased, seek succession certificate in favour of the first petitioner.

4.For issuance of succession certificate in respect of the assets left by the deceased, the Power Agent of the petitioners has been examined P.W.1 and Exs-P.1 to P.8 were marked.

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 favour of the first petitioner. Ex-P.1 is the computer generated death certificate of the deceased; Ex-P.2 is the legal heir certificate of the deceased; Exs-P.3 and P.4 are filed to prove the death of the other brother and sister of the deceased; Ex-P.5 is the photocopy of the Power of Attorney dated 28.04.2022 given by the petitioners herein in favour of P.W.1; Exs-P.6 and P.7 are filed to prove the assets left by the deceased; Ex-P8 is the paper publication and none have objected for the same. 6.Considering the averments made in the Original Petition and the documents filed by the petitioners, I am satisfied that the petitioners have succeeded the Estate of the deceased S.Vijayaraghavan. Therefore, the Original Petition is ordered as prayed and a direction for grant of Succession

Certificate in favour of the first petitioner with power to collect the debts and securities and to receive the interest and dividends thereon and negotiate and transfer the securities specified in the schedule, is issued. 22.12.2023 TK

N.SATHISH KUMAR, J.

TK 22.12.2023