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Madras High CourtOP/666/2023ordered

S.Srinivasan v. No Respondent

2024-03-04Honourable Mr Justice N. Sathish Kumar4 pages

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 petitioner.

2. Heard the learned counsel for the petitioner.

3. It is the case of the petitioner that he is the son of the deceased S.Muthathal @ Muthathal Achi. The father of the petitioner namely V.Sockalingam died on 30.12.2016. The deceased died on 18.10.2018. The petitioner is sole and surviving class I legal heir. The deceased died intestate left the amount specified in the Schedule, within the jurisdiction of this Court. The succession certificate is required for the purpose of transferring the share certificates in the name of the petitioner to the value of Rs.52,70,000/-. Hence, the petitioner has approached this Court for grant of succession certificate in his favour with power to collect the debts and 1/4

securities and to receive the interest and dividend on and negotiated and transfer the securities as specified in the schedule.

4. The petitioner was examined as P.W.1 and marked Exs.P1 & P.7. P.W.1 in his evidence had narrated the averments made in the petition stating that the petitioner has filed this petition for grant of Succession Certificate in his favour. Ex.P.1 is the computer generated death certificate of the deceased. Ex.P.2 is the computer generated legal heir certificate of the deceased. Ex.P3 is the computer generated death certificate of Mr.V.Sockalingam. Ex.P4 is the photocopy of the share certificate in ICICI Bank Ltd bearing Certificate No.00017428 standing in the name of the deceased. Ex.P5 is the photocopy of the Aadhar Card of the petitioner. Ex.P6 is the photocopy of the share certificate in ICICI Bank Ltd bearing Certificate No.00914682 standing in the name of the deceased. Ex.P7 is the copy of paper publication, however, none objected the same.

5. Considering the averments made in the petition as well as the 2/4

documents, this petition is ordered as prayed for and a direction for grant of Succession Certificate in favour of the 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.

04.03.2024 dhk N.SATHISH KUMAR, J.

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