M.Parvathy And 3 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 petitioners.

2. Heard the learned counsel for the petitioners.

3. It is the case of the petitioners that the first petitioner is the wife of the deceased Sankaranarayana and the second and third petitioners are his daughters and the fourth petitioner is his son. The said Sankaranarayana died intestate on 01.02.2013. The petitioners are Class I legal heirs of the deceased. The deceased Sankaranarayana died intestate and though due and diligent search has been made for a Will, none has been found in respect of the securities mentioned in the schedule. The parents of the deceased predeceased the him. The petitioners are the surviving legal heirs of the 1/4

deceased and there is no other person to be impleaded in this petition. The deceased left the amount specified in the Schedule, within the jurisdiction of this Court. The securities in respect of which succession certificate is required for the value of Rs.1,91,440/-. Hence, the petitioners have approached this Court for grant of succession certificate in their favour with power to collect the securities as specified in the schedule.

4. The first petitioner was examined as P.W.1 and marked Exs.P1 to Ex.P.9.

5. P.W.1 in her evidence had narrated the averments made in the petition stating that the petitioners have filed this petition for grant of Succession Certificate in their favour. Ex.P.2 is the computer generated death certificate of the mother of the deceased. Ex.P.2 has been filed to show that the deceased Sankaranarayana died on 01.02.2013. Ex.P.4 and Ex.P.5 have been filed with regard to the securities held by the deceased Sankaranarayana. Ex.P.7 is the Paper publication and none objected for the same.

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6. Considering the averments made in the petition and the documents filed by the petitioners, I am satisfied that the petitioners have succeeded the securities of the deceased Sankaranarayana. Therefore, the petition is ordered as prayed for and a direction for grant of Succession Certificate in favour of the petitioners 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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