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Madras High CourtOP/209/2023ordered

Moolchand Chowdhari v. Hastimull Chowdhari And 4 Others

2023-11-27Honourable 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 petitioner.

2.Heard the learned counsel for the petitioner.

3. It is the case of the petitioner that the petitioner is the son of the deceased Mrs.Anand Kanwar and the respondents are other sons and daughters of the said Mrs.Anand Kanwar. The said Mrs.Anand Kanwar died on 20.02.2015. The petitioner and the respondents are the legal heirs of the deceased Mrs.Anand Kanwar. The deceased Mrs.Anand Kanwar 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 1/4

deceased left the amount specified in the Schedule, within the jurisdiction of this Court. The securities in respect of which succession certificate is required for the value of Rs.11,80,000/-. Hence, the petitioner has approached this Court for grant of succession certificate in favour of the petitioner with power to collect the debts as specified in the schedule.

4. The petitioner was examined as P.W.1 and marked Exs.P1 to Ex.P.3.

5. P.W.1 in his evidence had narrated the averments made in the petition stating that the petitioner has filed this petition for grant of Succession Certificate in favour of the petitioner. Ex.P.1 is the computer generated death certificate of the deceased of Mrs.Anand Kanwar. Ex.P.1 has been filed to show that the deceased Mrs.Anand Kanwar died on 20.02.2015. Ex.P.2 is the computer generated legal heir certificate of the deceased Mrs.Anand Kanwar. Ex.P.2 has been to prove that the petitioner and the respondents are legal heirs of the deceased. Ex.P.3 is Paper publication and none objected for the same.

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6. Considering the averments made in the petition and the documents filed by the petitioner, I am satisfied that the petitioner and the respondents have succeeded the Estate of the deceased Mrs.Anand Kanwar. Therefore, the petition is ordered as prayed for and a direction for grant of Succession Certificate in favour of the petitioner with power to collect and to receive deposit 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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