D.Radha And 3 Others v. No Respondent

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.S.Desikan. The deceased S.Desikan, died on 21.12.2005. 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 share certificate in the name of first petitioner for the value of Rs.3,13,200/-. Hence, the petitioners have approached this Court for grant of succession certificate in favour of the 1/4

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

5. P.W.1 in her 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 first petitioner. Ex.P1 is the computer generated death certificate of the deceased. Ex.P.2 is the photocopy of the share certificate in Caplin Point Laboratories Ltd bearing Certificate No.11520 standing in the name of the deceased.. Ex.P3 is the photocopy of the power of attorney dated 04.04.2018 executed by the fourth petitioner in favour of the third petitioner. 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 and also of the fact that the petitioner 2 to 4 have given consent affidavit, this petition is ordered as prayed for and a direction for grant of Succession Certificate in favour of the first 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. 07.11.2023 dhk 3/4

N.SATHISH KUMAR, J.

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