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Madras High Court · body

2022 DIGILAW 123 (MAD)

. v. .

2022-01-12

ABDUL QUDDHOSE

body2022
JUDGMENT : 1. This petition has been filed seeking for grant of Succession Certificate. 2. The petitioner is the wife of the deceased N.Vembu, who died on 07.04.2006 leaving behind the securities more fully described in the schedule to the petition. The respondents are the children of the deceased N.Vembu. Since the companies, in which, the deceased was holding securities, insisted for production of the Succession Certificate, the petitioner has approached this Court seeking for the same. 3. Before the Advocate Commissioner appointed by this Court, the petitioner was examined as a witness (P.W.1). In her deposition, the petitioner has reiterated the contents of the petition filed in support of O.P. No.33 of 2020. Through P.W.1, the following documents were marked as Exhibits. Exhibits Nature of the document Ex.P-1 Photocopy of the Death certificate of N.Vembu, who died on 07.04.2006, Registration No.2006/08/121/217 issued on 13.04.2006 by Birth and Death Registrar. Ex.P-2 Photocopy of the share certificate of City Union Bank Limited, bearing Certificate No.733, issued on 31.01.2008. Ex.P-3 Photocopy of the letter issued by City Union Bank Limited to N.Vembu on 17.07.2019. Ex.P-4 Photocopy of the Affidavit of the first respondent for No Objection. Ex.P-5 Photocopy of the Affidavit of the second respondent for No Objection. Ex.P-6 Photocopy of the Affidavit of the third respondent for No Objection. Ex.P-7 Photocopy of the Affidavit of the fourth respondent for No Objection. Ex.P-8 Photocopy of the Affidavit of the fifth respondent for No Objection. Ex.P-9 Photocopy of the Affidavit of the sixth respondent for No Objection. Ex.P-10 Affidavit of the petitioner dated 30.09.2019 Ex.P-11 Original copy of paper publication effected in one issue of Tamil Daily ‘Dina Kural’ dated 16.04.2021. 4. An Additional typed set of papers has also been filed by the petitioner dated 10.01.2021 enclosing supporting documents to prove that the petitioner and the respondents are the only legal heirs of the deceased N.Vembu, as the legal heirship certificate for N.Vembu has not been filed. 5. The respective respondents have filed separate consent affidavits stating their ‘No Objection’ for grant of Succession Certificate in favour of the petitioner. 6. An averment has also been made in the petition that no application has been made to the District Court or delegate or to any High Court for Probate of any will of the deceased or Letters of Administration with or without the Will annexed to his properties and credits. 6. An averment has also been made in the petition that no application has been made to the District Court or delegate or to any High Court for Probate of any will of the deceased or Letters of Administration with or without the Will annexed to his properties and credits. No application for Succession Certificate in respect of any debts or security belonging to the estate of the deceased has been made to any District Court or delegate or to any High Court. 7. After giving due consideration to the pleadings and the evidence available on record, this Court is inclined to grant Succession Certificate in favour of the petitioner as prayed for in O.P.No.33 of 2020. Accordingly, O.P.No.33 of 2020 is allowed.