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Madras High CourtOP/79/2022allowed

Sujatha Jose v. Nil

2022-07-27Honourable Mr Justice Krishnan Ramasamy4 pages

KRISHNAN RAMASAMY.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.It is the case of the petitioner that she is the daughter of the deceased C.C.Abraham. During his life time, the deceased C.C.Abraham had invested in shares morefully described in the schedule to the petition. The petitioner's mother had also passed away on 17.06.2021. After the death of the petitioner's mother, the petitioner is the only Class - I legal heirs of deceased C.C.Abraham, who died intestate on 17.05.2001. The petitioner is filing this petition for grant of Succession Certificate in favour of her. The total amount of the assets value will be for a sum of Rs.15,34,000/-.

3. It is further stated that the other than the petitioner, there are no other relatives to succeed the estate as legal heirs. Therefore, the petitioner

is entitled for share in the estate of the said deceased C.C.Abraham.

4. No application for a succession certificate in respect of any debt or security belonging to the estate of the said deceased has been made to any District Court or delegate or to any High Court. Hence, the petitioner has approached this Court for grant of succession certificate in favour of her with power to collect securities and to receive interest, dividends thereon and negotiate and transfer the securities specified in the petition schedules. 5.In order to prove her case, Mrs.Sujatha Jose, the petitioner herein, is examined as PW.1 and marked Exs.P1 to P8. Ex.P1 is the computer generated death certificate of C.C.Abraham. Ex.P2 is the photocopy of the Legal Heirship certificate in respect of C.C.Abraham. Ex.P3 is the computer generated death certificate of Achamma Abraham. Ex.P4 is the computer generated Legal Heirship certificate of Achamma Abraham. Ex.P5 is the email communication dated 25.08.2021 sent by the petitioner to Cameo Corporate Services Limited alongwith the 65 B certificate. Ex.P6 is the photocopy of the reply dated 25.08.2021 received by the petitioner from

Cameo Corporate Services Limited. Ex.P7 is the photocopy the petitioner's Aadhaar Card. Ex.P8 is the copy of paper publication effected in one issue of Tamil daily "Makkal Kural" dated 31.05.2022. Despite the paper publication also, none has appeared and raised their objections.

6. Considering the averments made in the petition and the evidence tendered by PW.1 along with the documents marked as Exs.P1 to P8, this Court is satisfied that the petitioner has succeeded for the Estate of the deceased C.C.Abraham. Therefore, the petition is ordered as prayed for and a direction for grant of Succession Certificate to the petitioner with power to collect the debts and to receive the interest and dividends on and negotiate and transfer the securities specified in the schedule, is issued.

7. Accordingly, the petitioner is entitled for the relief as prayed for by the petitioner and this Original Petition stands allowed. 27.07.2022 dn

KRISHNAN RAMASAMY.J., dn 27.07.2022