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Madras High CourtOP/655/2023allowed

Y.Karthikeyan And 2 Others v. No Respondent

2024-02-12Honourable Mr Justice N. Sathish Kumar4 pages

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 petitioners.

2. Heard the learned counsel for the petitioners. It is the case of the petitioners that they are the only legal heirs of the deceased Mrs.Y.Lakshmi. The deceased died on 23.05.2021. The husband of the deceased predeceased her. The deceased died intestate left the amount specified in the Schedule, within the jurisdiction of this Court. The succession certificate is required for the purpose of claiming the amount payable to the deceased under her share certificates to the value of Rs.33,15,200/-. Hence, the petitioners have approached this Court for grant of succession certificate in their favour with power to collect the debts and securities and to receive the interest and dividend on and negotiated and transfer the securities as specified in the 1/4

schedule.

3. The first petitioner examined himself as P.W.1 and marked Exs.P1 to P.4. P.W.1 in his evidence had narrated the averments made in the petition stating that the petitioners have filed this petition for grant of Succession Certificate in their favour. Ex.P.1 is the computer generated death certificate of the deceased Mrs.Y.Lakshmi. Ex.P.1. is filed to prove that the deceased died on 23.05.2021. Ex.P2 is the computer generated legal heir certificate of deceased Mrs.Y.Lakshmi. Ex.P3 are the photocopies of share certificates in Sundaram Finance Limited standing in the name of the deceased. Ex.P.4 is the copy of paper publication, however, none objected the same.

4. Considering the averments made in the petition as well as the documents, this petition is ordered as prayed for and a direction for grant of Succession Certificate in favour of the petitioners with power to collect and to receive deposit specified in the schedule together with interest as applicable till the date of withdrawal, is issued. 2/4

12.02.2024 dhk N.SATHISH KUMAR, J.

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