The entitlement to a Succession Certificate depends on proof of legal heirs and lack of opposing claims.

ORDER

This petition has been filed by the petitioner 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 petitioner, one Rajam Iyer had expired on

14.10.2015.

• The petitioner and the respondents 1 to 3 are the children of Late Mr.Rajam Iyer and the mother of the petitioner and the respondents 1 to 3 expired on 03.11.2018. The respondents 4 to 6 are the legal heirs of the deceased 1^st respondent.

Except the above petitioner and the respondents, there are no other legal heirs to the said deceased Rajam Iyer. The said deceased Rajam Iyer during his lifetime, had purchased shares in various companies in the name of the deceased. The face value of the said shares would come around Rs.1,31,53,957/-. The deceased Rajam Iyer died intestate. A due and diligent search has been made for a Will, but it was not found. Since the petitioner and the respondents 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 respondents 1 to 3, have no objection for granting succession certificate in favour of the petitioner and the respondents 4 to 6 are the legal heirs of the 1^st respondent, who died on 19.01.2023. Therefore, they have filed this petition.

3. After filing of this Original Petition, the petitioner was 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 petitioner, she was examined PW1 and marked Ex.P.1 to Ex.P.194.

4. This Court also perused the entire documents including the evidences. During the pendency of the petition, as the 1^st respondent died, his legal heirs have been impleaded as the respondents 4 to 6, as per the order of this Court. The petitioner namely Mrs. A.Alamelu has been examined as PW1 and 194 documents have been marked. On a careful perusal of the evidence of PW1 and the documents, viz., Ex.P.1 to Ex.P194, they revealed that the petitioner and the respondents are the legal heirs of the deceased Rajam Iyer to succeed his estates and he died intestate, thereby, the petitioner is entitled to get the share certificates. The respondents 1 to 3 have no objection to grant succession certificate in favour of the petitioner and therefore, petitioner is entitled to the Succession Certificate.

5. In view of the same, this Original Petition is allowed. The petitioner is entitled to the value of the petition-mentioned assets and a direction for grant of Succession Certificate in favour of the petitioner with power to collect the securities and to receive the interest and dividends on and negotiate and for terminal benefits, if any, specified in the Schedule, as applicable till the date of withdrawal, is issued.