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2023 Supreme(Online)(MAD) 35356

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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