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Madras High CourtOP/187/2022allowed

N.Kamatchi And 2 Others v. Nil

2022-11-04Honourable Mr Justice C.V. Karthikeyan2 pages

O.P.No.187 of 2022 O.P.No.187 of 2022 C.V.KARTHIKEYAN,J., The Original Petition has been filed under Section 372 of the Indian Succession Act, 1925 seeking Succession Certificate relating to the securities in the name of S.Nagarathnam, who died intestate on 19.09.2020. He was the husband of the 1st petitioner and the father of the 2nd and 3rd petitioners.

2. After effecting publication, the petitioners were invited to adduce evidence. The 1st petitioner examined herself as P.W.1. The Death Certificates of the parents-in-law were marked as Exs.P1 and P2 and that the death of her husband was marked as Ex.P3. The Legal Heirship Certificate of S.Nagarathnam was marked as Ex.P4. The shareholding statement of ICICI Bank Limited was Ex.P5.

3. The learned counsel for the petitioner stated that though in the Petition it had been stated that the Succession Certificate should be issued in the names of all the three petitioners, it would be appropriate that the Succession Certificate is issued in the name of the 1st petitioner.

4. I would take that statement on record.

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O.P.No.187 of 2022 C.V.KARTHIKEYAN,J., ssi

5. The Original Petition stands allowed. Let Succession Certificate be issued in the name of the 1st petitioner. If the 2nd and 3rd petitioners have any objections, necessary application may be filed to modify this portion of the order alone.

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