Aarthi Rajesh v. S.Rajesh And Another

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. The petitioner is the mother of the deceased Mr.R.Saai Preshant. The respondents are the father and sister of the deceased. The deceased died on 04.09.2022. The parties are the surviving legal heirs of the deceased and the petitioner is the Class I legal heir of the deceased. The respondents have given their consent affidavit for grant of succession certificate in favour of the petitioner. 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 transferring the shares standing in the name of 1/4

the deceased to the petitioner to the value of Rs.11,31,543.44/-. Hence, the petitioner has approached this Court for grant of succession certificate in their favour with power to collect the debts and securities and to receive the interest and dividend on and negotiated and transfer the securities as specified in the schedule.

4. The petitioner examined herself as P.W.1 and marked Exs.P1 to P.7. P.W.1 in her evidence had narrated the averments made in the petition stating that the she has filed this petition for grant of Succession Certificate in her favour. Ex.P.1 is the photocopy of the Aadhar card of the petitioner. Ex.P3 is the photocopy of the death certificate of the deceased. Ex.P5 is the computer generated legal heir certificate of the deceased. Ex.P6 is the downloaded copy of the closing statement of Marvell Technology Inc in respect of the deceased demat account. Ex.P7 is the copy of paper publication, however, none objected the same. The respondents have given their consent affidavit for grant of succession certificate in favour of the petitioner.

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5. Considering the averments made in the petition as well as the documents and also of the fact that the respondents have given their consent affidavit in granting succession certificate in favour of the petitioner, this 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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