MADRAS HIGH COURT
V.Rajkumar and 2 Others – Appellant
Versus
No Respondent – Respondent
OP 473 2023
O.P.No.473 of 2023
O.P.No.473 of 2023
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 first
petitioner.
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 M.Chandra. The deceased M.Chandra, died on 24.08.2022.
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 claiming sum assured of Rs.2,65,000/- including the fixed
deposit bearing FDR No.712419138 and locker bearing No.412 in TNS
Bank, Shenoy Nagar Branch. Hence, the petitioners have approached this
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O.P.No.473 of 2023
Court for grant of succession certificate in favour of the first petitioner with
power to collect the debts and to receive the interest and dividends on and
negotiate 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.5.
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 first petitioner. Ex.P.1 is the computer
generated death certificate of the deceased. Ex.P.2 is the computer
generated legal heir certificate of the deceased. Ex.P.3 is the original letter
dated 30.03.2023 sent by TNSC Bank, Shenoy Nagar Branch, seeking
succession certificate from competent court of law. Ex.P.4 is the photocopy
of the letter dated 15.06.2023 sent by TNSC Bank, Shenoy Nagar Branch
acknowledging the locker No.412 belongs to Mrs.M.Chandra. Ex.P5 is the
copy of the paper publication. Despite Ex.P.5 paper publication, none
objected and the same is recorded.
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O.P.No.473 of 2023
6. Considering the averments made in the petition as well as the
documents, 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
the debts and to receive the interest and dividends on and negotiate and
transfer the securities as specified in the schedule together with interest as
applicable till the date of withdrawal, is issued.
07.11.2023
dhk
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O.P.No.473 of 2023
N.SATHISH KUMAR, J.
dhk
O.P.No.473 of 2023
07.11.2023
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