Sapna Parekh And 2 Others v. No Respondent
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 third petitioner with power to collect the securities and to receive interests and dividends and negotiate and transfer the securities / shares as specified in the schedule.
2. Heard the learned counsel for the petitioners. 3.The first and second petitioners are the daughters and third petitioner is the son of the deceased J.G.Parekh. The said J.G.Parekh died intestate on 24.06.1990 leaving behind him the petitioners, his mother and wife as his legal heirs. The mother and wife of the deceased died 04.12.2002 and 28.11.2002 respectively. Hence, the petitioners seek succession certificate in favour of the third petitioner.
4.For issuance of succession certificate in respect of the assets left by the deceased, the third petitioner examined himself as P.W.1 and marked Exs-P.1 to P.11.
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 the third petitioner. To prove the death of the deceased, Ex-P.1 is marked. Ex-P.2 is the legal heir certificate of the deceased; Exs-P.3 and P.4 are filed to prove the death of the wife and mother of the deceased; Ex-P.5 is the legal heir certificate of the wife of the deceased; Ex-P.9 is the paper publication and none have objected for it; Ex-P.10 is filed to show the assets left by the deceased. 6.Considering the averments made in the Original Petition and the documents filed by the petitioners, I am satisfied that the petitioners, being Class-I legal heirs, have succeeded the Estate of the deceased J.G.Parekh. Therefore, the Original 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 and to receive the interests and dividends and negotiate and transfer the securities / shares specified in the schedule, is issued.
17.11.2023 TK
N.SATHISH KUMAR, J.
TK 17.11.2023