Mohamed Karan Ubaidi v. No Respondent
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 01.04.2025
CORAM
THE HONOURABLE MR.JUSTICE K.KUMARESH BABU Mohamed Karan Ubaidi
...Petitioner
PRAYER: Original Petition filed for Succession Certificate under Section 372 of the Indian Succession Act 1925 and under Order XXV, Rule 6 of Original Side Rules, prays that a Succession Certificate may be granted in favour of the petitioner namely Mohamed Karan Ubaidi to collect the debts and to receive the interest and dividends on and to negotiate and transfer of the securities, deposits specified in the Schedule annexed hereto. For Petitioner : Mr.H.Manojin
ORDER
The petitioner seek Succession Certificate in respect of the securities held by Late.Ayesha Rumaisa, who died intestate on 15.10.2013. The petitioner is the son of the deceased.
2. The petitioner has been examined as PW1. He has produced the photocopy of the death certificate of the deceased Late.Ayesha Rumaisa as Ex.P2. The photocopy of the aadhar card of the petitioner has been marked as Ex.P1. The Photocopy of the divorce certificate dated 27.04.2001 has been 1/5
marked as Ex.P3. The legal heir certificate of the deceased Late.Ayesha Rumaisa has been marked as Ex.P4. The petitioner states that the father of the deceased has predeceased her and her mother is under the care of the petitioner. On conjoint Perusal of Ex.P3 and Ex.P4 its clear that the deceased was divorced on 27.04.2001, thereby making the petitioner the sole legal heir to the deceased. A paper publication has been made and no objections have been received.
3.The assertions in the petition have been duly proved by adducing oral evidence supported by documents. In these circumstances, the petitioner is entitled to the relief.
4. In view of the above evidence, the Original Petition is allowed granting Succession Certificate in favour of the petitioner, with the power to collect the securities and receive the interest and dividends mentioned in the schedule to the petition.
Index:Yes/No 2/5
Petitioner's witness:
P.W.1 - Mr.Mohamed Karan Ubaidi Documents exhibited by the petitioners:
Exhibits Documents Ex.P1 Photocopy of the Aadhaar Card of the petitioner. (Compared with original) Ex.P2 Photocopy of the Death certificate of Ayesha Rumaisa dated 23.10.2013.
Ex.P3 Photocopy of the Divorce Certificate issued by Qazi dated 27.04.2001.
Ex.P4 Photocopy of the Legal Heir certificate of Ayesha Rumaisa dated 13.12.2013. (Compared with original) Ex.P5 Photocopy of the Shares of Tata Iron and Steel Company Limited dated 15.09.1989 and 01.02.1990. (Compared with original) Ex.P6 Photocopy of the Aptech Limited Shares dated 04.04.2002. (Compared with original) Ex.P7 Photocopy of the Sharepro services India Ltd dated 29.03.2014. (Compared with original) Ex.P8 Photocopy of the Shares of Reliance Industries Limited dated 13.09.2017. (Compared with original) Ex.P9 Photocopy of the Shares of SBI Magnum Tax Gain Scheme dated 01.04.2013 to 30.09.2013. (Compared with original) Ex.P10 Photocopy of the Birla Sun Life Shares dated 01.03.2015 to 31.03.2015. (Compared with original) Ex.P11 Photocopy of the UTI Mutual Fund dated 05.09.2018 to 21.09.2022. (Compared with original) Ex.
P12 Photocopy of the HDFC Tax Saver dated 12.04.2022. (Compared with original) Ex.P13 Photocopy of the UTI Master Share dated 12.12.1986. (Compared with original) Ex.P14 Photocopy of the Indian Metals and Ferro dated 24.07.20211. (Compared with original) Ex.P15 Photocopy of the Bombay Dyeing Shares dated 07.08.2015.
Ex.P16 Photocopy of the Share of JM Financial Services Ltd dated 01.04.2021. (Compared with original) Ex.P17 Photocopy of the Share of the Standard Chartered Securities dated 20.06.2014. (Compared with original) Ex.P18 Photocopy of the ICICI Bank Savings Account Statement dated 31.12.2015, 31.03.2016 and 14.02.2017. (Compared with original) Ex.P19 Photocopy of the Share of Standard Chartered Bank Savings Account statement dated 23.01.2018 to 23.01.2018. (Compared with original) K.KUMARESH BABU, J.
4/5
5/5