Shubhash Chandra Kapoor @ Shubhash Kapoor And 4 Othersr v. Nil

O.P.No.73 of 2021 O.P.No.73 of 2021 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 of Mrs.Sushila Kapoor, who died intestate on 19.04.2000. She resided at Chennai.

2. The Original Petition had been filed by the five petitioners and they are the legal representatives of the deceased Mrs.Sushila Kapoor. 3.The 1st, 2nd, 3rd and 5th petitioners had given consent for Succession Certificate to be issued in the name of the 4th petitioner. Pending the petition, however, the 4th petitioner died, necessitating the legal heirs to be impleaded as the 6th and 7th petitioners, by an order dated 17.03.2022 in A.No.447 of 2022. 4.The 7th petitioner had subsequently given her consent affidavit for the Succession Certificate to be granted in the name of the 6th petitioner. 5.Paper Publication had been also effected.

https://www.mhc.tn.gov.in/judis

O.P.No.73 of 2021 C.V. KARTHIKEYAN , J.

kp 6.The parties had been directed to tender evidence. The 6th petitioner Mr.Narendra Malhotra, examined himself as PW-1. The Death Certificate of Mrs.Sushila Kapoor was marked as Ex.P-1 and Legal Heirship Certificate was marked as Ex.P-2. The Death Certificate of the 4th petitioner Mrs.Uma Malhotra was marked as Ex.P-10 and the Legal Heirship Certificate was marked as Ex.P-11. The consent affidavits of 1st, 2nd, 3rd, 5th and 7th petitioners were marked as Exs.P-5, 6, 9, 7 and 8 respectively. The documents relating to the share certificates were marked as Exs.P-12, P-13 and Ex.P-15.

7.In view of the evidence recorded, the Original Petition stands allowed. Succession Certificate to be issued in the name of the 6th petitioner. 17.11.2022 kp O.P.No.73 of 2021 https://www.mhc.tn.gov.in/judis