M. Nigar & Ors. vs No Respondent

Heard Mr.K.Livingston, learned counsel for petitioner.

This Original Petition has been filed for grant of succession certificate in respect of the debts of one A.S.Munavar Jan.

The petitioners are the surviving legal heirs of the deceased A.S.Munavar Jan, who died on 05.02.2013. The death certificate of A.S.Munavar Jan, has been exhibited as Ex.P1 through P.W1, the first petitioner. The legal heirship certificate of A.S.Munavar Jan has also been exhibited in Ex.P2. The general paper publication has been affected in compliance with the provisions of the Indian Succession Act and the orders of the Learned Master and the paper publication has been marked as Ex.P4.

The petitioners 2 to 4 have given individual consent affidavits expressing no objection for grant of a succession certificate in favour of the first petitioner. In the petition as well as in the affidavit before the Learned Master, wherein P.W1, the first petitioner has been examined, it has been asserted that the deceased A.S.Munavar Jan died intestate and did not leave behind any testamentary instrument.

In the light of the above, the petitioners are certainly entitled to grant of succession certificate as prayed for. In view of the consent affidavits filed by petitioners 2 to 4, the grant is made in favour of the first petitioner.

Accordingly, the succession certificate is granted in favour of the 1^st petitioner, being the legal heirs of A.S.Munavar Jan, who died intestate, leaving behind the securities morefully mentioned in the schedule to the petition.

The Original Petition stands Allowed. The Succession Certificate is issued in favour of the 1^st petitioner to enable him to collect the securities and to receive the interest, dividends on and negotiate and transfer the securities specified in the schedule hereto.

P.W.1 – Mrs.M.Nigar