C.Rajani And Another v. No Respondent

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 24.04.2023

CORAM

THE HONOURABLE MR.JUSTICE K.KUMARESH BABU 1.C.Rajani 2.Archana Chittoor ... Petitioners PRAYER: Original Petition filed for Succession Certificate under Section 372 of Indian Succession Act, 1925 under Order XXV Rule 6 of Original Side Rules, prays that a Succession Certificate may be granted in favour of the first Petitioner with powers to collect and encash the securities as specified in the schedule annexed hereto.

For Petitioners : Mr.K.V.Shanmuganathan

ORDER

The petitioners seek Succession Certificate in respect of the securities held by Chittoor S. Surendranath, who died intestate on 11.05.2022. The first petitioner is the wife and second petitioner is the daughter of the deceased late Chittoor S. Surendranath.

2. The first petitioner has been examined as P.W.1. She has produced the death certificate of the deceased Chittoor S. Surendranath, as Ex.P1, and the legal heirship certificate of the deceased as Ex.P2. A perusal of Ex.P2 shows that the petitioners are the only legal heirs of the deceased. The second 1/4

petitioner has filed her consent affidavit expressing her no objection for the grant of Succession Certificate in favour of the first petitioner. The said consent affidavit have been marked as Ex. P7. A paper publication has been made and any objections have not been received.

3. In view of the above said evidence, the Original Petition is allowed by granting Succession Certificate in favour of the first petitioner since the second petitioner has given her consent for the grant, in respect of the securities mentioned in the schedule to the petition.

Index :Yes/No Speaking order: Yes/ No Petitioner's witness:

P.W.1 - Mrs.C.Rajini 2/4

Documents exhibited by the petitioners:

Exhibits Documents Ex.P1 Computer generated death certificate of Mr.Chittor Suendranath Ex.P2 Computer generated legal heir certificate of Mr.Chittor Surendranath Ex.P3 Photocopy of the statement of holding dated 30.07.2022 of HDFC Bank Ltd in respect of Mr.Chittor Surendranath Ex.P4 Photocopy of the 1st petitioner's Aadhar card Ex.P5 Photocopy of the Aadhar card of the 2nd petitioner Ex.P6 No objection letter dated 10.08.2022 given by the 2nd petitioner Ex.P7 Consent affidavit given by the 2nd petitioner Ex.P8 Copy of paper publication effected in one issue of Tamil daily "Malai Murasu' dated 25.12.2022 3/4

K.KUMARESH BABU,J.

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