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Madras High CourtOP/767/2023ordered

M.Chandrasekaran And 2 Others v. No Respondent

2024-02-14Honourable Mr Justice N. Sathish Kumar4 pages

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 petitioners.

2. Heard the learned counsel for the petitioners.

3. It is the case of the petitioners that they are the sons of the deceased M.Lakshmi. They are Class-I legal heirs and the only surviving legal heirs of the deceased. The deceased died intestate on 01.08.2014. The husband of the deceased had predeceased her. The succession certificate is required for the purpose of transferring the shares in the Demat Account standing in the name of the deceased, to the value of Rs.22,30,757/-. Hence, the petitioners have approached this Court for grant of succession certificate in their favour 1/4

with power to collect the debts and to receive the interest as specified in the schedule.

4. The first petitioner was examined as P.W.1 and marked Ex.P1 to Ex.P.18.

5. P.W.1 in his evidence had narrated the averments made in the petition stating that the petitioners have filed this petition for grant of Succession Certificate in their favour. Ex.P.1 is the computer generated death certificate of the deceased Mrs.M.Lakshmi. Ex.P2 is the computer generated legal heir certificate of the deceased. Exs.P3 to P5 are the photocopies of the Aadhar Card of the petitioners. Ex.P18 is the copy of the paper publication. Despite Ex.P.18 paper publication, none objected and the same is recorded.

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 2/4

Succession Certificate in favour of the petitioners with power to collect and to receive deposit specified in the schedule together with interest as applicable till the date of withdrawal, is issued. 14.02.2024 dhk 3/4

N.SATHISH KUMAR, J.

dhk 14.02.2024 4/4