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Madras High CourtOP/583/2023ordered

M.Muthulakshmi v. M.Rama And 2 Others

2023-12-22Honourable Mr Justice N. Sathish Kumar3 pages

N.SATHISH KUMAR, J.

This Original Petition has been filed under Section 372 of the Indian Succession Act, 1925 read with Order XXV Rule 6 of the Madras High Court Original Side Rules, to grant succession certificate in favour of the petitioner with power to collect the securities and receive the interest and dividends on and negotiate and transfer / transmission of the securities specified in the schedule.

2.Heard the learned counsel for the petitioner. 3.The petitioner is the wife of the deceased Mr.K.Muthukrishnan and respondents are the children of the deceased. The parents of the deceased pre-deceased him. The deceased died on 22.06.1999 leaving behind him the petitioner and the respondents as his legal heirs. Therefore, the petitioner, being Class-I legal heir of the deceased, seeks succession certificate in her favour.

4.For issuance of succession certificate in respect of the assets

left by the deceased, the petitioner has examined herself as P.W.1 and Exs-P.1 to P.14 were marked.

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 her favour. Exs-P.1 to P.7 are filed to prove the assets held by the deceased; Ex-P.8 is the death certificate of the deceased; Ex-P.9 is the legal heirship certificate of the deceased; Ex-P.14 is the paper publication and none have objected for the same. 6.Considering the averments made in the Original Petition and the documents filed by the petitioner, I am satisfied that the petitioner has succeeded the Estate of the deceased Mr.K.Muthukrishnan. Therefore, the Original Petition is ordered as prayed for and a direction for grant of Succession Certificate in favour of the petitioner with power to collect the securities and receive the interest and dividends on and negotiate and transfer/transmission of the securities specified in the schedule, is issued. 22.12.2023 TK

N.SATHISH KUMAR, J.

TK 22.12.2023