S.Nagabushanam 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 first petitioner.

2. Heard the learned counsel for the petitioners.

3. It is the case of the petitioners that the first petitioner is the son of the deceased N.Subramanian and Visalam and the petitioners 2 to 4 are thier daughters. The father of the petitioners, viz., N.Subramanian died on 28.12.1997 and their mother Visalam died intestate on 18.11.2007. The petitioners are Class I legal heirs of the deceased. The deceased N.Subramanian and Visalam died intestate and though due and diligent search has been made for a Will, none has been found in respect of the 1/4

securities mentioned in the schedule. The petitioners are the surviving legal heirs of the 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.27,26,096/-. The petitioners 2 to 4 have filed consent affidavits for granting succession certificate in favour of the first petitioner. Hence, the petitioners have approached this Court for grant of succession certificate in favour of the first petitioner 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.10.

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.P.1 is the copy of the death certificate of N.Subramanian. Ex.P.1 shows that the deceased Subramanian died on 28.12.1997. Ex.P.2 is the copy of the death certificate 2/4

of the deceased Visalam. Ex.P.2 has been filed to show that the deceased Visalam died on 08.11.2007. Ex.P.3 is the legal heirship certificate of the deceased N.Subramanian. Ex.P.3 shows that the petitioner and the mother of the petitioners are the legal heirs of the deceased N.Subramanian. Ex.P.4 and Ex.P.5 have been filed with regard to the securities held by the deceased N.Subramanian and Visalam. Ex.P.10 is the Paper publication and none objected for the same.

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 N.Subramanian and Visalam. Therefore, the petition is ordered as prayed for and a direction for grant of Succession Certificate in favour of the first petitioner 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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