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Madras High CourtOP/780/2023ordered

S.Thangaraj And Another v. No Respondent

2024-03-14Honourable Mr Justice N. Sathish Kumar3 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 petitioners.

2. Heard the learned counsel for the petitioners.

3. It is the case of the petitioners that the petitioners are the children of the deceased, viz., Senthamarai and wife of the deceased, viz., Krishnaveni died on 01.02.2020. The succession certificate is required for the purpose of transfer of the shares set out in the schedule in the name of the petitioners, to the value of Rs.12,31,230/-. Hence, the petitioners have approached this Court for grant of succession certificate in favour of the petitioners with power to collect the debts and to receive the interest as specified in the schedule.

4. The first petitioner was examined as P.W.1 and marked Exs.P1 to P.7.

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5. P.W.1 in his evidence had narrated the averments made in the petition stating that petitioners have filed this petition for grant of Succession Certificate in favour of the 1st petitioner and the 2nd petitioner has given consent affidavit. Ex.P.1 is the photocopy of the death certificate of the deceased. Ex.P.2 is the photocopy of the legal heirship certificate of the deceased. Ex.P3 is the computer generated death certificate of Mrs.Krishnaveni. Ex.P4 is the computer generated legal heir certificate of Mrs.Krishnaveni. Ex.P5 is the photocopy of the Aadhar Card of the petitioners. Ex.P.6 is the copy of the paper publication. Despite Ex.P.6, paper publication, none objected and the same is recorded.

6. Considering the averments made in the petition as well as the documents, this petition is ordered as prayed for and a direction for grant of Succession Certificate in favour of the 1st 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. 14.03.2024 ssd 2/3

N.SATHISH KUMAR, J.

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