Sukwinder Kour And 5 Others v. No Respondent

O.P.No.650 of 2023 A.A. NAKKIRAN, J, This petition has been filed under Section 372 of the Indian Succession Act 1925, read with Order XXV Rule 6 of the Original Side Rules, to grant Succession Certificate to the 1st petitioner with power to collect the securities and to receive the interest and dividends and negotiate and transfer the securities specified in the schedules.

2.Heard the learned counsel for the petitioners. 3.It is the case of the petitioners that the 1st petitioner is the wife and the 2nd petitioner is the daughter of the deceased Jasbir Singh Sandhu. The deceased Jasbir Singh Sandhu died intestate on 27.11.2022 at Chennai. The parents of the deceased had pre1/6

deceased him. The son of the deceased Baljinder Singh Sandhu had pre-deceased him on 29.08.2014 leaving the 1st petitioner his mother, the 3rd petitioner his wife and the 4th to 6th petitioners his children as his surviving legalheirs. The 3rd petitioner, being the mother and natural guardian of the 5th and 6th petitioners, undertakes to deposit the minor's share in their name in any Nationalised Bank until they attains the age of majority. The petitioners are the Class I legal heirs of the deceased are entitled to respective share of the estate of the deceased. The other legal heirs/petitioners are willing to give their consent in favour of the 1st petitioner, to apply for a Succession Certificate from this Court. The Succession Certificate is required for the purpose of transmission of the shares in equal proportion. The assets in respect of which the succession certificate is required are of the value of Rs.7,36,187.21p as on 27.07.2023.

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4.The deceased died intestate and that due and diligent search has been made for a Will, but none has been found. The deceased left the amount specified in the Schedule, within the jurisdiction of this Court. No application has been made to any District Court or delegate or to any High Court for probate of any will of the said deceased or for letters of Administration with or without the Will annexed to their properties and credits. Hence, the petitioner has approached this Court for grant of succession certificate in favour of the 1st petitioner with power to collect the securities and to receive the interest and dividends on and negotiate and transfer the securities specified in the schedules.

5.The 3rd petitioner was examined as P.W.1 and marked Exs.P1 to Ex.P.9.

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6.P.W.1 has stated in the proof affidavit that the petitioners have filed this petition for grant of Succession Certificate in favour of the 1st petitioner. Ex.P.1 is the computer generated Death Certificate of Mr.Jasbir Singh Sandhu. Ex.P.2 is the computer generated Legalheirship Certificate of Mr.Jasbir Singh Sandhu. Ex.P.3 is the photocopy of the Death Certificate of Mr.Baljnder Sandhu. Ex.P.4 is the original statement of account as on 28.07.2023 given by SBI Mutual Fund in respect of account held by Mr.Jasbir Singh Sandhu in Folio No.20787886. Ex.P.5 is the photocopy of the Aadhaar Card of the 1st petitioner. Ex.P.6 is the photocopy of the Aadhaar Card of the 3rd petitioner. Ex.P.7 is the photocopy of the Aadhaar Card of the 5th petitioner. Ex.P.8 is the photocopy of the Aadhaar Card of the 6th petitioner. Ex.P.9 is the copy of the paper publication effected in one issue of Tamil Daily "Malai Tamizhagam" dated 28.12.2023.

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Considering the averments made in the petition and the documents filed by the petitioners, I am satisfied that the petitioners have succeeded the Estate of the deceased Jasbir Singh Sandhu. Therefore, the petition is ordered as prayed for and a direction for grant of Succession Certificate in favour of the 1st petitioner with power to collect the securities and to receive the interest and dividends on and negotiate and transfer the securities specified in the schedules.

20.02.2024 mps 5/6

A.A. NAKKIRAN, J, mps O.P.No.650 of 2023 20.02.2024 6/6