S.Ramanujam And 5 Others 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 third petitioner.

2. Heard the learned counsel for the petitioners.

3. It is the case of the petitioners that they are the legal heirs of the deceased M.V.Padmanabhan. The deceased M.V.Padmanabhan died on 25.10.2010. The deceased died intestate and though due and diligent search has been made for a Will, none has been found in respect of the debts mentioned in the schedule. The deceased left the amount specified in the Schedule, within the jurisdiction of this Court. The succession certificate is required for the purpose to receive the shares in the physical form standing 1/4

in the name of deceased. The other petitioners have filed their consent affidavit to grant succession certificate in favour of the third petitioner. Hence, the petitioners have approached this Court for grant of succession certificate in favour of the third petitioner with power to collect the securities and to receive the interest and dividends thereon and negotiate and transfer the securities as specified in the schedule.

4. The third petitioner was examined as P.W.1 and marked Ex.P1 to Ex.P.17.

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 favour of third petitioner. Exs.P.1 to P.5 are the photocopy of the share certificates standing in the name of the deceased. Ex.P.6 is the computer generated death certificate of the deceased Mr.Padhmanabhan. Ex.P7 is the computer generated legal heir certificate of Mr.Padhmanabhan. Ex.P.17 is the copy of the paper publication. Despite Ex.P.17 paper publication, none objected and the same is recorded. 2/4

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 Succession Certificate in favour of the third petitioner with power to collect the securities, debts, to receive interest, dividends on, negotiate and transfer the securities specified in the schedule together with interest as applicable till the date of withdrawal, is issued.

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N.SATHISH KUMAR, J.

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