Mohammed Javeed Ghatala And 5 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 that the second petitioner is the wife of the deceased Ghatala M.A. and the petitioners 1, 3 to 6 are their sons and daughters. The said Ghatala M.A. died on 29.03.2001. The petitioners are the class I legal heirs of the deceased Ghatala M.A. 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. There is no other person to be impleaded in this petition. The petitioners 2 to 6 have agreed for issuance of Succession Certificate in favour of the first petitioner. The deceased left the amount specified in the Schedule, within the jurisdiction of this Court. The debts in respect of which succession certificate is required for the value of Rs.9,18,400/-. Hence, the petitioners have approached this Court for grant of 1/4

succession certificate in favour of the first petitioner with power to collect the debts and securities as specified in the schedule.

4. The first petitioner was examined as P.W.1 and marked Exs.P1 to Ex.P.6.

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 of the death certificate of the deceased Ghatala M.A.. Ex.P.1 has been filed to show that the deceased Ghatala M.A. died on 29.03.2001. Ex.P.2 is the copy of legal heir certificate of the deceased Ghatala M.A.. Ex.P.2 shows that the petitioners are the legal heirs of the deceased Ghatala M.A. Ex.P.4 and Ex.P.5 have been filed to show the assets of the deceased Ghatala M.A. Ex.P.6 is the Paper publication and none objected for the same.

6.On perusal of the above evidence, this Court is of the view that the evidence substantiate the stand of the petitioner and prove that the petitioner is the legal heir entitled to succeed the estate left by the deceased. Therefore, 2/4

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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