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Madras High CourtOP/639/2024ordered

Mrs.D.Vanaja And 3 Others v. No Respondent

2025-02-17Honourable Mr Justice K.Kumaresh Babu4 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 17.02.2025

CORAM

THE HONOURABLE MR.JUSTICE K.KUMARESH BABU 1.Mrs.D.Vanaja 2.Mr.D.Sudhakar 3.Mr.D.Balaji 4.Mrs.V.Sangeetha

...Petitioners

PRAYER: Original Petition filed under Section 372 of the Indian Succession Act, 1925 read with Order XXV Rule 6 of the Original Side Rules, prays that this Hon'ble Court may be pleased to grant Succession Certificate in favour of the first petitioner herein, with power to collect the debts, securities and to receive the interest and dividends on and negotiable and transfer the securities as specified in the schedule hereto. For Petitioners : Mr.K.Maheshwaran 1/4

ORDER

The petitioners seek Succession Certificate in respect of the securities held by Late P.Damodharan, who died intestate on 12.10.2020. The petitioners are the wife, two sons and a daughter of the deceased.

2. The first petitioner has been examined as PW1. She has produced the computer generated death certificate of the deceased Late P.Damodharan as Ex.P1. The legal heirship certificates of the deceased as Ex.P2. A perusal of Ex.P2, shows that the petitioners are the only legal heirs of the deceased Late P.Damodharan. A paper publication has been made and no objections have been received. All the other three petitioners submitted their consent affidavit to grant succession in favour of the first petitioner.

3. In view of the above evidence, the Original Petition is allowed granting Succession Certificate in favour of the first petitioner, with the power to collect the securities and receive the interest and dividends mentioned in the schedule to the petition.

Index :Yes/No 2/4

Petitioner's witness:

P.W.1 - Mrs.D.Vanaja Documents exhibited by the petitioners:

Exhibits Documents Ex.P1 Computer generated death certificate of Mr.Damodharan Ex.P2 Computer generated legal heirship certificate of Mr.Damodharan.

Ex.P3 Computer generated statement of account of SBI Mutual Fund bearing Folio No.12758881 held by Mr.P.Damodaran. Ex.P4 Certificate under Section 65 B of the Indian Evidence Act, 1872.

Ex.P5 Copy of the paper publication effected in one issue of Tamil Daily "Dina Kural"dated 27.11.2024.

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K.KUMARESH BABU,J.

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