A legal heir's entitlement to a Succession Certificate under the Indian Succession Act is affirmed when all necessary consents are provided and no objections are raised.

13. Sabira W/o. Late Meera Sahib ... Petitioners PRAYER: Original Petition is filed under Section 372 of the Indian Succession Act of 1925 read with Order XXV Rule 6 of the Original Side Rules praying to grant Succession Certificate to the 5th petitioner with power to collect the securities and to receive the interest and dividends on and negotiate and transfer and liquidate the securities specified in the Schedule.

For Petitioners : Mr. M. Egambharam

ORDER

This petition has been filed by the petitioners praying to grant Succession Certificate under Section 372 of the Indian Succession Act read with Order XXV Rule 6 of the Original Side Rules.

2. According to the petitioners, one Ahamed Thamby Mohamed Mohideen Abdul Hadhi expired intestate on 05.09.1964 at Colombo, Srilanka leaving behind his wife, two sons and four daughters as his only legal heirs. The parents of the deceased pre-deceased him. The wife of the deceased Mrs. Mahbubu Ammal expired on 02.05.1997. One of his sons namely Ahamed Anasu expired on 03.04.2017 as unmarried and Mr. Mohamed Ashraff expired on 02.03.1998 leaving behind his wife Zareena, three sons namely Abdul Hadi, A.M. Ahamed Faisal and A.M. Irshad Ahamed and one daughter Zahira, the petitioners 3 to 7 herein. The daughter of the deceased Ummal Juhara expired on 27.02.2002 leaving behind her daughter namely Mohamed Mariyam, Jaseema, Rasheetha, Anisha and Souda, the petitioners 8 to 12 herein. The husband of the said Ummal Juhara namely Abdul Hasan was also died on 04.02.2023. The another daughter of the deceased Najba expired on 04.05.2023 and her hubsand died on 23.07.2020 leaaving behind their daughter on Sabira, the 13th petitioner herein. Therefore, this petition has been filed by the legal heirs of the deceased and claiming shares in the estate of the deceased. Since the petitioners are the only legal heirs of the assets of the deceased and there is no other next of kin to the deceased and in order to get those shares, the Succession Certificate is necessary to them. The petitioners 1 to 4 and 6 to 13 have given their consent affidavit for the grant of succession certificate in the name of the 5th petitioner. The value of assets for which the petitioners have sought for succession certificate is at Rs.1,06,65,690/-. Therefore, they have filed this petition.

3. After filing of this Original Petition, the petitioners were directed to effect paper publication and the same was also effected. No any objection was received from any party. Thereafter, the matter was posted for examination of witnesses and the evidence was recorded. On the side of the petitioners, they examined PW1 and marked Ex.P.1 to Ex.P17 and Ex.C.1 and Ex.C2.

4. This Court also perused the entire documents including the evidences. On a careful perusal of the evidence of PW1 and the documents Ex.P.1 to Ex.P17 and Ex.C1 and Ex.C2, they reveal that the petitioners are the legal heirs of the deceased Mr. Ahamed Thamby Mohamed Mohideen Abdul Hadhi and the deceased purchased some share certificates mentioned in the Schedule of the petition and he died intestate, thereby, the petitioners are entitled to get the share certificates. The petitioners 1 to 4 and 6 to 13 have given their consent to grant succession certificate to succeed the estate of the deceased in favour of the 5th petitioner and therefore, 5th petitioner is entitled to the Succession Certificate.

5. In view of the same, this Original Petition is allowed. The 5th petitioner is entitled to the value of the petition-mentioned assets and a direction for grant of Succession Certificate in favour of the 5th petitioner with power to collect the securities and to receive the interest and dividends on and negotiate and transfer and liquidate the