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Madras High CourtOP/419/2023ordered

G.Thiyagarajan And 2 Others v. No Respondent

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

N.SATHISH KUMAR, J.

This 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.

2.Heard the learned counsel for the petitioners.

3. It is the case of the petitioners that first petitioner is the son and petitioners 2 and 3 are the daughters of the deceased G.Gowri. Deceased left shares to the tune of Rs.2,18,350/-. The said G.Gowri died intestate on 25.05.2021 and her husband died within three days thereafter on 28.05.2021. 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 securities and to receive the interest and dividends and negotiate and transfer the securities specified therein.

4. The first petitioner was examined as P.W.1 and marked Exs.P1 to Ex.P.7.

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.P1 is the death certificate of petitioners' mother G.Gowri. Ex.P1 is filed to prove the death of their mother on 25.05.2021. Ex.P2 is the death certificate of petitioners' father. Ex.P3 is the Legal Heirship Certificate filed to prove the legal heirship of petitioners. Ex.P4 is the letter received by the first petitioner, which shows the shares left by petitioners' mother. Exs.P5 and P6 are consent affidavits filed by the second and third petitioners giving consent for granting succession certificate in favour of the first petitioner. 2/4

6. Considering the averments made in the petition and the documents filed by the petitioners, I am satisfied that the petitioners have succeeded the Estate of the deceased G.Gowri. Therefore, this petition is ordered as prayed for and a direction for grant of Succession Certificate in favour of the first petitioner with power to collect the securities and to receive the interest and dividends and negotiate and transfer the securities specified therein, is issued.

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N.SATHISH KUMAR, J.

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