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Madras High CourtA/5294/2022allowed

Mrs. Asha Sharma P And 3 Others v. Nil

2023-01-11Honourable Mr Justice Senthilkumar Ramamoorthy2 pages

A.No.5294 of 2022 A.No.5294 of 2022 in O.P.No.372 of 2003 SENTHILKUMAR RAMAMOORTHY, J.

The four petitioners in O.P.No.372 of 2003 have jointly presented this application for amendment of the extended succession certificate dated 13.11.2018 so as to issue the same in favour of the fourth petitioner instead of all the petitioners.

2. By order dated 13.11.2018, an extended succession certificate was granted in respect of the securities listed in the schedule to the Judge's summons. Thereafter, as between the four petitioners, an agreement was reached that the said extended certificate be issued only in the name of the fourth petitioner.

3. In support of this application, the petitioners adduced evidence by examining the fourth petitioner as PW1. In course of examination-in-chief of PW1, a copy of the extended succession certificate (Ex.A1) and the 1/2 https://www.mhc.tn.gov.in/judis

A.No.5294 of 2022 SENTHILKUMAR RAMAMOORTHY, J kal consent affidavits of the first, second and third petitioners (Exs.A2 to A4)were exhibited.

4. In view of assertions in the affidavit in support of this application and the evidence adduced in support thereof, the applicants are entitled to the relief claimed. Accordingly, this application is allowed as prayed for. Consequently, the Registry is directed to issue an amended extended succession certificate in respect of the securities listed in the schedule to the Judge's summons in the name of the fourth petitioner. The fourth petitioner shall have the power to collect the said securities, receive dividends and interest thereon and transfer the same.

11.01.2023 kal A.No.5294 of 2022 in O.P.No.372 of 2003 2/2 https://www.mhc.tn.gov.in/judis