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Madras High CourtOP/665/2022ordered

A.S.Panchapakesan And 2 Others v. No Respondent

2023-06-02Honourable Mr Justice K.Kumaresh Babu4 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 02.06.2023

CORAM

THE HONOURABLE MR.JUSTICE K.KUMARESH BABU 1.Mr.A.S.Panchapakesan 2.Ms.A.S.Varalakshmi 2.Mr.A.S.Kalyanaraman ... Petitioners PRAYER: Original Petition filed for Succession Certificate under Section 372 of the Indian Succession Act, 1925 and under Order XXV Rule 6 of Original Side Rules, prays that a Succession Certificate may be granted to the petitioners with power to collect the debts and to receive the interest and dividends on and negotiate and transfer the securities specified in the Schedules A and B hereto.

For Petitioners : M/s.Priyadarshini Natarajan

ORDER

The petitioners seek Succession Certificate in respect of the debts held by A.V.Sundaram and S.Jayalakshmi, who died intestate on 19.09.2021 and 06.05.2021 respectively. The first and third petitioners are the sons, second petitioner is the daughter of the deceased A.V. Sundaram and S. Jayalakshmi.

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2. The first petitioner has been examined as P.W.1. He has produced the death certificates of the deceased A.V. Sundaram and S.Jayalakshmi, as Exs.P1 and P6. The legal heirship certificates of the deceased A.V. Sundaram and S.Jayalakshmi has marked as, Exs.P2 and P7. A perusal of Exs.P2 and P7 shows that the petitioners are the only Class-I legal heirs of the deceased A.V.Sundaram and S.Jayalakshmi. A paper publication has been made and any objections have not been received.

3. In view of the above evidence, the Original Petition is allowed by granting Succession Certificate in favour the petitioners, in respect of the debts mentioned in the schedule to the petition. Index :Yes/No Speaking: Yes/ No Petitioners' witness:

P.W.1 - Mr.A.S.Panchapakesan 2/4

Documents exhibited by the petitioners:

Exhibits Documents Ex.P1 Computer generated death certificate of Mr.A.V.Sundaram Ex.P2 Computer generated legal heir certificate of Mr.A.V.Sundaram Ex.P3 Computer generated account statement bearing No.04620110022642 in respect of Mr.A.V.Sundaram held in Kotak Mahindra Bank Ex.P4 Photocopy of the post office savings account pass book bearing account No.0001902963 in respect of Mr.A.v.Sundaram Ex.P5 Original statement of demat shares held in the name of Mr.A.V.Sundaram with client ID No.12800099 with Kotak Securities Limited Ex.P6 Computer generated death certificate of Mrs.Jayalakshmi Sundaram Ex.P7 Computer generated legal heir certificate of Mrs.Jayalakshmi Ex.P8 Computer generated Account statement bearing No.04620110022650 in respect of Mrs.S.Jayalakshmi held in Kotak Mahindra Bank Ex.

P9 Original statement of demat shares held in the name of Mrs.Jayalakshmi with client ID No.128814134 with Kotak Securities Limited Ex.P10 Photocopy of the first petitioner's Aadhar Card Ex.P11 Photocopy of Aadhar card of the second petitioner Ex.P12 Photocopy of Aadhar card of the third petitioner Ex.P13 Copy of the paper publication effected one issue of Tamil daily "Malai Tamilagam" dated 11.12.

K.KUMARESH BABU,J.

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