Allowed¶21

Habeeb syed mohamed Mukrim and 3 others v. No Respondent

Madras HC5 Mar 2025OP/325/2024

Case brief

AI extract

What is this about?

Succession certificate; letters of administration; Section 372 Indian Succession Act 1925; Order XXV Rule 6 Original Side Rules; intestate death 05.11.2021; legal heirs wife sons daughter; PW1 proof; Ex.P1 death certificate; Ex.P3 legal heirship certificate; Ex.P10 paper publication Makkal Kural 02.10.2024; Ex.P11 Section 65B Indian Evidence Act 1872 certificate; IndusInd Bank Demat account statement; Madras High Court Original Side; O.P.No.325 of 2024; K. Kumaresh Babu J.

What did the court decide?

Succession Certificate granted in favour of the first petitioner (Habeeb Syed Mohamed Mukrim) with power to collect the securities and receive the interest and dividends mentioned in the schedule to the petition. ¶21

Habeeb syed mohamed Mukrim and 3 others Vs No… — Succession and Inheritance | Madras HC (2025)

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O.P.No.325 of 2024

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IN THE HIGH COURT OF JUDICATURE AT MADRAS

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DATED : 05.03.2025

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CORAM

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THE HONOURABLE MR.JUSTICE K.KUMARESH BABU

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O.P.No.325 of 2024

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1.Habeeb Syed Mohamed Mukrim

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2.S.A.Noorul Ameena

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3.H.S.Ayesha Fathima

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4.Habeeb Syed Sayeed Aslam ... Petitioners

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PRAYER: Original Petition filed for Letters of Administration under Section 372 of Indian Succession Act 1925, read with Order XXV Rule 6 of the Original Side Rules praying to grant succession certificate to the 1^st petitioner namely Habeeb Syed Mohamed Mukrim with the power to collect the securities and to receive the interest and dividends on and negotiate and transfer the securities specified in the Schedule herein.

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For Petitioners : M/s.G.Mohammed Aseef

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ORDER

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The petitioners seek Succession Certificate in respect of the

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securities held by Late.Syed Abdul Kader, who died intestate on 05.11.2021. The petitioners are the wife, two sons and a daughter of the deceased.

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

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1/4

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O.P.No.325 of 2024

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The first petitioner has been examined as PW1. He has produced the computer generated death certificate of the deceased Syed Abdul Kader as Ex.P1. The legal heirship certificate of the deceased as Ex.P3. A perusal of Ex.P3 shows that the petitioners are the only surviving legal heirs of the deceased Syed Abdul Kader. A paper publication has been made and no objections have been received.

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3.The assertions in the petition have been duly proved by adducing oral evidence supported by documents. In these circumstances, the petitioners are entitled to the releif.

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In view of the above evidence, the Original Petition is allowed granting Succession Certificate in favour of the first petitioner, with the power to collect the securities and receive the interest and dividends mentioned in the schedule to the petition.

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05.03.2025

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tsh Index :Yes/No Speaking: Yes/ No Neutral Citation: Yes/No 2/4

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

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O.P.No.325 of 2024

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Petitioner's witness:

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P.W.1 —Mr.Habeeb Syed Mohamed Mukrim

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Documents exhibited by the petitioners:

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*Exhibits*	*Documents*
Ex.P1	Computergenerated death certificate of Mr.Syed Abdul Kader
Ex.P2	Computer generated Demat Account statement as on 31.01.2022 given by IndusInd Bank in respect of shares and securities held byMr.H.Syed Abdul Kader
Ex.P3	Computer generated legal heir ship certificate of Mr.Syed Abdul Kader
Ex.P4	Photocopyof the Aadhar Card of Mr.Syed Abdul Kader
Ex.P5	Photocopyof myAadhar Card
Ex.P6	Photocopyof Aadhar Card of the secondpetitioner
Ex.P7	Photocopyof Aadhar Card of the thirdpetitioner
Ex.P8	Photocopyof Aadhar Card of the fourthpetitioner
Ex.P9	Photocopyofpan card of Mr.Syed Abdul Kader
Ex.P10	Copy of the paper publication effected in one issue of Tamil Daily“Makkal Kural” dated 02.10.2024
Ex.P11	Certificate under Section 65B of the Indian Evidence Act, 1872