← Library
Madras High CourtOP/341/2023ordered

G.Shanthi And 2 Others v. No Respondent

2023-12-15Honourable Mr Justice N. Sathish Kumar3 pages

N.SATHISH KUMAR, J.

This Original Petition has been filed under Section 372 of the Indian Succession Act, 1925 read with Order XXV Rule 6 of the Madras High Court Original Side Rules, to grant succession certificate in favour of the first petitioner with power to receive the interest and dividends thereon and negotiate and transfer the securities specified in the schedule. 2.Heard the learned counsel for the petitioners. 3.The first petitioner is the wife of the deceased K.Govinda Raju and second and third petitioners are the daughters of the deceased. The deceased died intestate on 29.12.2021 leaving behind him the petitioners as his legal heirs. The petitioners, being Class - I legal heirs of the deceased, seek succession certificate in favour of the first petitioner. 4.For issuance of succession certificate in respect of the assets left by the deceased, the first petitioner has examined herself as P.W.1 and marked Exs-P.1 to P.8.

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 the first petitioner. Ex-P.1 is the computer generated death certificate of the deceased; Ex-P.2 is the legal heir certificate of the deceased; Exs-P.3 and P.4 are filed to prove the assets left by the deceased; Ex-P8 is the paper publication and none have objected for the same. Petitioners 2 and 3 have no objection in granting succession certificate in favour of the first petitioner.

6.Considering the averments made in the Original Petition and the documents filed by the petitioners, I am satisfied that the petitioners have succeeded the Estate of the deceased K.Govinda Raju. Therefore, the Original Petition is ordered as prayed and a direction for grant of Succession Certificate in favour of the first petitioner with power to receive the interest and dividends thereon and negotiate and transfer the securities specified in the schedule, is issued.

15.12.2023 TK

N.SATHISH KUMAR, J.

TK 15.12.2023