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Madras High CourtOP/184/2023ordered

A.Vijaya And 2 Others v. No Respondent

2023-11-07Honourable 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 Class-I legal heirs of the deceased Mr.D.Anbalagan. The deceased D.Anbalagan, died on 08.01.2015. The deceased died intestate left the amount specified in the Schedule, within the jurisdiction of this Court. The succession certificate is required for the purpose of obtaining title and receiving the dividends from the company as shareholders in favour of the petitioners for the value of Rs.48,51,890/-. Hence, the petitioners have approached this Court for grant 1/4

of succession certificate in favour of them with power to collect the debts and to receive the interest and dividend on and negotiated and transfer the securities as specified in the schedule.

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

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 petitioners. Ex.P.1 is the photocopy of the share certificate in Apollo Hospital Enterprise Limited bearing Certificate No.350378 standing in the name of the deceased. Ex.P2 is the computer generated death certificate of the deceased. Ex.P3 is the photocopy of the legal heir certificate of the deceased. Ex.P4 is the copy of the paper publication. Despite Ex.P.4 paper publication, none objected and the same is recorded.

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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 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. 07.11.2023 dhk 3/4

N.SATHISH KUMAR, J.

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