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Madras High CourtOP/621/2022ordered

R.Krishnaswami v. R.Srinivasan And Another

2023-11-20Honourable Mr Justice N. Sathish Kumar5 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 parties herein that they are the Class-I legal heirs of the deceased Ranganayaki Ramaswamy. The deceased Ranganayaki Ramaswamy, died on 23.03.1989. The deceased died intestate left the amount specified in the Schedule, within the jurisdiction of this Court. The succession certificate is required for the purpose of transfer of 1/3rd shares in Schedule-A in the name of the petitioner. Hence, the petitioner has approached this Court for grant of succession certificate in favour of the 1/5

petitioner with power to collect the debts and to receive the interest and dividends on and negotiate and transfer the securities as specified in the schedule.

4. The petitioner was examined as P.W.1 and marked Ex.P1 to Ex.P.13.

5. 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 petitioner. Ex.P.1 is the computer generated death certificate of the deceased. Exs.P.2 to P.10 are the communications with regard to the transmission of shares in Folio No.R001164 held by the deceased. Ex.P.13 is the copy of the paper publication. Despite Ex.P.13 paper publication, none objected and the same is recorded.

6. Considering the averments made in the petition as well as the documents, this petition is ordered as prayed for and a direction for grant of 2/5

Succession Certificate in favour of the petitioner only in respect of 1/3rd share with power to collect the debts and to receive the interest and dividends on and negotiate and transfer the securities as specified in the schedule together with interest as applicable till the date of withdrawal, is issued. The respondents are entitled to the remaining 2/3rd shares. 20.11.2023 dhk 3/5

N.SATHISH KUMAR, J.

dhk 20.11.2023 4/5

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