Mahesh J Savani And 2 Others v. No Respondent

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 02.04.2025

CORAM

THE HONOURABLE MR.JUSTICE K.KUMARESH BABU 1.Mahesh J Savani 2.Tejas M Savani 3.Kinjal J Kamdar ... Petitioners PRAYER: Original Petition filed for Succession Certificate under Section 372 of the Indian Succession Act, XXXIX of 1925 and Order XXV Rule 6 of Original Side Rules, prays that a Succession Certificate may be granted to the 1st petitioner namely Mr.Mahesh J Savani, with power to collect the debt and to receive interest specified in the Schedule hereunder. For Petitioner : Mr.Syed Afridi for M/s.Nathan & Associates

ORDER

The petitioners seek Succession Certificate in favour of first petitioner in respect of the securities held by Late Parul M Savani, who died intestate on 15.06.2023. The petitioners are the husband, son and daughter of the deceased.

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2. The first petitioner has been examined as PW1. He has produced the computer generated death certificate of the deceased Late Parul M Savani as Ex.P1. The computer generated legal heirship certificate of the deceased as Ex.P2. The photocopy of the Aadhaar of the petitioners as Ex.P3 to Ex.P5. A perusal of Ex.P2 shows that the petitioners are the only legal heirs of the deceased Late Parul M Savani. 3.The assertions in the petition have been duly proved by adducing oral evidence supported by documents. In these circumstances, the petitioners are entitled to the relief.

4. In view of the above evidence, the Original Petition is allowed granting Succession Certificate in favour of the first petitioner, with the power to collect the securities and receive the interest and dividends mentioned in the schedule to the petition.

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Index :Yes/No Speaking: Yes/ No 3/5

Petitioner's witness:

P.W.1 - Mr.Mahesh J Savani Documents exhibited by the petitioner:

Exhibits Documents Ex.P1 Online copy of the death certificate of Parul M.Savani dated 30.08.2023.

Ex.P2 Online copy of the Legal Heir certificate of Parul M.Savani, dated 13.09.2023 Ex.P3 Photocopy of the Aadhaar of Mahesh J Savani Ex.P4 Photocopy of the Aadhaar of Tejas M Savani Ex.P5 Photocopy of the Aadhaar of Kinjal J Savani Ex.P6 Photocopy of SBI PPF Account Passbook bearing A/c.No.10886104235, dated 21.09.2023.

(Affidavit under Section 65 B of the Indian Evidence Act filed and recorded) 4/5

K.KUMARESH BABU,J.

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