Vijayalakshmi Kamakodeyen v. No Respondent

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.

3. The petitioner is the daughter of the deceased Mr.S.Kamakodeyen. The deceased died on 05.01.2022. The parents and wife of the deceased had predeceased him. The petitioner is the surviving Class-I legal heir of the deceased. 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 obtaining membership for the beneficiary of the deceased in the Indian Performing Right Society Limited for the royalty accrued, standing in the name of the deceased to the value of Rs.1,00,000/-. 1/4

Hence, the petitioner has approached this Court for grant of succession certificate in her favour with power to collect the debts and securities and to receive the interest and dividend on and negotiated and transfer the securities as specified in the schedule.

4. The petitioner was examined as P.W.1 and marked Exs.P1 & P.5. P.W.1 in her evidence had narrated the averments made in the petition stating that she has filed this petition for grant of Succession Certificate in her. Ex.P.1 is the computer generated death certificate of the deceased. Ex.P2 is the computer generated legal heir certificate of the deceased. Ex.P3 is the downloaded copy of the assignment dated 25.09.2017 executed in favour of the deceased. Ex.P5 is the copy of paper publication, however, none objected the same.

5. On perusal of the above evidences, this Court is of the view that the evidences substantiate the stand of the petitioner and prove that the petitioner is the legal heir entitled to succeed the estate left by the deceased. Accordingly, this petition is ordered as prayed for and a direction for grant 2/4

of Succession Certificate in favour of the petitioner with power to collect and to receive deposit specified in the schedule together with interest as applicable till the date of withdrawal, is issued. 08.03.2024 dhk 3/4

N.SATHISH KUMAR, J.

dhk 08.03.2024 4/4