Geetha Rangaswamy v. No Respondent

O.P.No.506 of 2023 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 the deceased R.Prasanna is the son of the petitioner. The said R.Prasanna died on 04.01.2021. The deceased was unmarried and the father of the deceased predeceased him on 15.09.2007. The petitioner is the only surviving class I legal heir of the deceased R.Prasanna. The deceased R.Prasanna died intestate and though due and diligent search has been made for a Will, none has been found in respect of the debts mentioned in the schedule. The deceased left the 1/4

amount specified in the Schedule, within the jurisdiction of this Court. The securities in respect of which succession certificate is required for the value of Rs.79,18,825.33. Hence, the petitioner has approached this Court for grant of succession certificate in favour of the petitioner with power to collect the debts as specified in the schedule.

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

5. P.W.1 in her evidence had narrated the averments made in the petition stating that the petitioner has filed this petition for grant of Succession Certificate in favour of the petitioner. Ex.P.1 is the computer generated death certificate of the deceased of R.Prasanna. Ex.P.1 has been filed to show that the deceased R.Prasanna died on 04.01.2021. Ex.P.2 is the computer generated legal heir certificate of the deceased R.Prasanna. Ex.P.2 has been to prove that the petitioner is the surviving legal heir of the deceased. Ex.P.3 is a copy of the mail sent from ICICI Securities Limited asking for succession certificate. Ex.P.4 is Paper publication and none 2/4

objected for the same.

6. Considering the averments made in the petition and the documents filed by the petitioner, I am satisfied that the petitioner has succeeded the Estate of the deceased R.Prasanna. Therefore, the 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.

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N.SATHISH KUMAR, J.

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