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Madras High CourtOP/195/2023ordered

Hemalatha Lakshmanarao And 3 Others v. No Respondent

2023-11-20Honourable 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.

3. It is the case of the petitioners that the petitioners 1 and 4 are the Class-I legal heirs and 3 and 4 are the Class II legal heirs of the deceased Giri Lakshmanarao. The deceased Giri Lakshmanarao, died on 21.12.2020. 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 collecting/realising the amount of the securities of the deceased. Hence, the petitioners have approached this Court for grant of succession 1/4

certificate in favour of the petitioners with power to collect the debts and to receive the interest and dividends on and negotiate and transfer the securities as specified in the schedule.

4. The third petitioner was examined as P.W.1 and marked Ex.P1 to Ex.P.18.

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 first petitioner and also the fact that the fourth respondent died during the pendency of this Original Petition. Exs.P.1 to P.6 are the photocopy of the identity card of the petitioners. Exs.P7, P9 to P13 are the photocopies of the deposit advice held by the Mr.L.Giri. Ex.P15 is the computer generated death certificate of the Mr.L.Giri. Ex.P.16 is the copy of paper publication. Ex.P17 is the original death Certificate of Mr.Lakshmana Rao. Ex.P18 is the original death certificate of Mr.M.L.Raja/fourth petitioner. Despite Ex.P.16 paper publication, none objected and the same is recorded. 2/4

6. 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 first petitioner with power to collect the debts and to receive the interest and dividends on and negotiate and transfer the securities as specified in the schedule together with interest as applicable till the date of withdrawal, is issued. 20.11.2023 dhk 3/4

N.SATHISH KUMAR, J.

dhk 20.11.2023 4/4