S.Moulana Taufeek Islam v. S.Ashik Mohideen And Another

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 24.07.2025

CORAM

THE HONOURABLE MR.JUSTICE K.KUMARESH BABU S.Moulana Taufeek Islam ... Petitioner vs.

1.S.Ashik Mohideen 2.S.Mohammed Halid ... Respondents PRAYER: Original Petition filed for Succession Certificate under Section 372 of the Indian Succession Act 1925 read with Order XXV Rule 6 of Original Side Rules, prays that a Succession Certificate may be granted to the petitioner with the power to collect the securities and to receive the interest and dividends on and negotiate and transfer the securities specified in the schedule hereto.

For Petitioner : Mr.T.V.Suresh Kumar for M/s.Genicon Legal For Respondents : Mr.N.Sakthi Saravanan for RR1&2 1/5

ORDER

The petitioner seeks Succession Certificate in respect of the securities held by Late Mrs. Ayusha Beevi, who died intestate on 20.11.2023. The petitioner and the respondents are the children of the deceased. The husband of the deceased is not alive.

2. The petitioner has been examined as PW1. He has produced the death certificate of the deceased as Ex.P1. The legal heirship certificate of the deceased as Ex.P2. A perusal of Ex.P2, shows that the deceased died leaving behind her children who are the petitioner and the respondents herein as her surviving legal heirs.

3. The learned counsel for the respondents submitted that the respondents have no objection to grant a succession certificate in favour of the petitioner.

4. The assertions in the petition have been duly proved by adducing oral evidence supported by documents and considered the submissions of the learned counsel for the respondent. In these circumstances, the petitioner is entitled to the relief.

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5. In view of the above evidence, the Original Petition is allowed granting Succession Certificate in favour of the petitioner, with the power to collect the securities and receive the interest and dividends on and negotiate and transfer the securities specified in the schedule to the petition. Index :Yes/No Speaking: Yes/ No 3/5

Petitioner's witness:

P.W.1 - Mr.S.Moulana Taufeek Islam Documents exhibited by the petitioner:

Exhibits Documents Ex.P1 Computer generated copy of the Death Certificate of Ayisha Beeva dated 30.11.2023 Ex.P2 Computer generated copy of the Legal Heir Certificate of Ayisha Beevi dated 10.05.2024.

Ex.P3 Demat Shareholder statement dated 03.08.2024. Ex.P4 Photocopy of the Aadhar card of the petitioner (Original produced, compared and returned) 4/5

K.KUMARESH BABU,J.

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