Sunil Kurian v. Roopa Rachel Kurian And Another

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 petitioner.

2. Heard the learned counsel for the petitioner and the learned counsel for the respondents.

3. It is the case of the petitioner that he is the son of the deceased Kitty May Kurian. The deceased Kitty May Kurian, died on 13.09.2019. The deceased died intestate and left the amount specified in the Schedule, within the Union Territory of India. The respondents have filed consent affidavit and have no objection for granting succession certificate in favour of the petitioner. The succession certificate is required for the purpose of 1/4

transferring share certificates. Hence, the petitioner has approached this Court for grant of succession certificate in his favour with power to collect the securities and to receive the interest and dividend on and negotiate transfer the securities as specified in the schedule.

4. The petitioner was examined as P.W.1 and marked Ex.P1 to Ex.P.12.

5. P.W.1 in his evidence had narrated the averments made in the petition stating that the petitioner has filed this petition for grant of Succession Certificate in favour of petitioner. Ex.P.8 is the computer generated death certificate Kitty May Kurian. Ex.P.8 is filed to prove the deceased died on 13.09.2019. Ex.P.9 is the computer generated legal heir certificate of Kitty May Kurian. Ex.P.12 is the copy of the paper publication. Despite Ex.P.12 paper publication, none objected and the same is recorded.

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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 petitioner with power to collect, negotiate, transfer the securities specified in the schedule together with interest and dividends as applicable till the date of withdrawal, is issued. 19.10.2023 dhk 3/4

N.SATHISH KUMAR, J.

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