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Madras High CourtOP/769/2019allowed

Lakshmi Ramachandran v. No Respondent

2020-03-20Honourable Ms. Justice P.T. Asha4 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 20.03.2020 C O R A M THE HONOURABLE Ms.JUSTICE P.T.ASHA 1.Lakshmi Ramachandran 2.Chitra Venkatrraman 3.Uma Nagarajan ...

Petitioners Prayer: Original Petition filed under Section 372 Par X of the Indian Succession Act, 1925 read with Orders XXV Rule 6 of the Original Side Rules praying for Succession Certificate to the 3rd petitioner with power to collect the securities and to receive the interests and dividends thereon and negotiate and transfer the securities specified in the schedule. For petitioners : Mr.P.B. Balaji

ORDER

The above petition is filed for the grant of Succession Certificate to the 3rd petitioner with power to collect the securities and to receive the interests and dividends thereon and negotiate and transfer the securities specified in the schedule.

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2.The petitioners are the daughters of one N.Kalyani, who died intestate on 27.04.2017. The 3rd petitioner has adduced evidence as PW1 and marked Ex.P.1-Death Certificate of Kalyani. The Death Certificate of Narayanasamy has been marked as EX.P.2. The Legal Heirship Certificate dated 13.03.2019 in respect of Kalyani has been marked as Ex.P.3 and the consent affidavit given by the petitioners 1 and 2 are marked as Ex.P.4 and Ex.P.5. The publication has also been taken out by the petitioners in one issue of Tamil Daily "Maalai Sudar" dated 23.11.2019 marked as Ex.P.6. The evidence of the 3rd petitioner has been taken and the documents have been marked.

3.Considering the fact that the other two petitioners have given their consent affidavits to the 3rd petitioner and taking into account the fact that the petitioners are only the legal representatives of the deceased Kalyani, this Court is inclined to allow the Original Petition. 2/4

In fine, this Original Petition is ordered as prayed for. The 3rd petitioner is granted Succession Certificate with the Power to collect the Securities to receive the dividends on and negotiate and transfer the securities specified in the schedule.

20.03.2020 Internet : Yes/No Index :Yes/No Speaking / Non-Speaking mps 3/4

P.T. ASHA. J, mps 20.03.2020 4/4