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Madras High CourtOP/563/2023ordered

Mrs.Shyamala And 3 Others v. No Respondent

2023-12-15Honourable Mr Justice N. Sathish Kumar4 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 first petitioner with power to collect the securities and to receive interest and dividends thereon and negotiate and transfer the securities specified in the schedule.

2.Heard the learned counsel for the petitioners. 3.The petitioners are the children of the deceased R.Balasubramaniyan @ Balasubramaniam. The deceased died on 20.09.2010. The mother of the petitioners also died on 14.05.2019. The petitioners are the Class - I legal heirs of the deceased. Hence, the petitioners seek succession certificate in favour of the first petitioner.

4.For issuance of succession certificate in respect of the assets left by the deceased, the first petitioner has examined herself as P.W.1 and marked Exs-P.1 to P.8.

5.P.W.1 in her evidence had narrated the averments made in the petition stating that the petitioners have filed this petition for grant of Succession Certificate in favour of the first petitioner. Ex-P.1 is the original Debenture / Share Certificates held by the deceased R.Balasubramaniyan @ Balasubramaniam. To prove the death of the deceased R.Balasubramaniyan @ Balasubramaniam, Ex-P.2 is marked; Ex-P.3 is the legal heir certificate of the deceased; Ex-P.4 is the death certificate of the mother of the petitioners; Ex-P.6 is the legal heir certificate of the mother of the petitioners; Ex-P8 is the paper publication and none have objected for the same. Petitioners 2, 3 and 4 have filed their consent affidavits.

6.Considering the averments made in the Original Petition and the documents filed by the petitioners, I am satisfied that the petitioners have succeeded the Estate of the deceased R.Balasubramaniyan @ Balasubramaniam. Therefore, the Original Petition is ordered as prayed and a

direction for grant of Succession Certificate in favour of the first petitioner with power to collect the securities and to receive interest and dividends thereon and negotiate and transfer the securities specified in the schedule, is issued.

15.12.2023 TK

N.SATHISH KUMAR, J.

TK 15.12.2023