Vijailakshmi Acharya And 2 Others v. No Respondent

N.SATHISH KUMAR, J.

This Original 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 with power to collect the securities and to receive the interests and dividends thereon and negotiate and transfer the securities specified in the schedule.

2. Heard the learned counsel for the petitioners. 3.The first petitioner is the wife of the deceased J.P.Acharya; second and third petitioners are the sons of the deceased J.P.Acharya. The deceased died on 15.07.2022 leaving behind him the petitioners as his legal heirs. Hence, the petitioners seek succession certificate in favour of the first petitioner.

4.For issuance of succession certificate in respect of the assets left by the deceased, the first petitioner has examined herself as P.W.1 and marked Exs-P.1 to P.4.

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 favour of the first petitioner. To prove the death of the deceased, Ex-P.1 is marked; Ex-P.2 is the legal heir certificate of the deceased; Ex-P.3 is filed to prove the assets left by the deceased and Ex-P.4 is the affidavit of the petitioner under Section 65B of the Evidence Act to receive Ex-P.3.

6.Considering the averments made in the Original Petition and the documents filed by the petitioners, I am satisfied that the petitioners have succeeded the Estate of the deceased Mr.J.P.Acharya. Therefore, the Original Petition is ordered as prayed and a direction for grant of Succession Certificate in favour of the first petitioner with power to collect the securities and to receive the interests and dividends thereon and negotiate and transfer the securities specified in the schedule, is issued. 12.12.2023 TK

N.SATHISH KUMAR, J.

TK 12.12.2023