Allowed

Dinshaw Keku Parakh and Another v. No Respondent

Madras HC15 Dec 2023OP/474/2023

Case brief

AI extract

What is this about?

This is an original petition filed by two petitioners, children of the deceased, seeking a succession certificate in favour of the first petitioner. The court verified documents including death certificates and legal heirship certificates. Finding the petitioners as legal heirs, the petition was allowed.

What did the court decide?

Original petition allowed. Direction for grant of Succession Certificate in favour of the first petitioner issued with power to collect debts, securities, interest, dividends, and negotiate/transfer s

Dinshaw Keku Parakh and Another Vs No Respondent — Succession and Inheritance | Madras HC (2023)

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O.P.NO.474 OF 2023

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O.P.NO.474 OF 2023

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N.SATHISH KUMAR, J.

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This Original Petition has been filed under Section 372 of the Indian Succession Act, 1925 read with Order XXV Rule 6 of the Madras High Court Original Side Rules, to grant succession certificate in favour of the first petitioner with power to collect the debts and securities and to receive interest and dividends thereon and negotiate and transfer the securities specified in the schedule.

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2.Heard the learned counsel for the petitioners.

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3.The petitioners are the children of the deceased Keku Dinshaw

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Parakh alias K.D.Parakh and Late. Nargesh Keku Parakh alias N.K.Parakh. The parents of the petitioners died on 02.01.2006 and 23.02.2022 respectively. The petitioners are the legal heirs of the deceased. Hence, the petitioners seek succession certificate in favour of the first petitioner.

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https://www.mhc.tn.gov.in/judis

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O.P.NO.474 OF 2023

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4.For issuance of succession certificate in respect of the assets

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left by the deceased, the first petitioner has examined himself as P.W.1 and marked Exs-P.1 to P.10.

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5.P.W.1 in his evidence had narrated the averments made in the

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petition stating that the petitioners have filed this petition for grant of Succession Certificate in favour of the first petitioner. Ex-P.1 is the death certificate of the father of the petitioners; Ex-P.2 is the legal heirship certificate of the father of the petitioners; Ex-P.3 is the death certificate of the mother of the petitioners; Ex-P.4 is the legal heirship certificate of the mother of the petitioners; Exs-P.6 to P.9 are filed to prove the assets held by the deceased; Ex-P10 is the paper publication and none have objected for the same. The second petitioner has filed her consent affidavit.

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6.Considering the averments made in the Original Petition and

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the documents filed by the petitioners, I am satisfied that the petitioners have succeeded the Estate of the deceased Keku Dinshaw Parakh alias K.D.Parakh and Late. Nargesh Keku Parakh alias N.K.Parakh. Therefore, the Original

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https://www.mhc.tn.gov.in/judis

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O.P.NO.474 OF 2023

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Petition is ordered as prayed and a direction for grant of Succession Certificate in favour of the first petitioner with power to collect the debts and

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securities and to receive interest and dividends thereon and negotiate and transfer the securities specified in the schedule, is issued.

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15.12.2023

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https://www.mhc.tn.gov.in/judis

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O.P.NO.474 OF 2023

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N.SATHISH KUMAR, J.

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O.P.NO.474 OF 2023

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15.12.2023

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https://www.mhc.tn.gov.in/judis

Dinshaw Keku Parakh and Another v. No Respondent

Case brief

What is this about?

What did the court decide?

Dinshaw Keku Parakh and Another v. No Respondent

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Statutes considered

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Case details

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