Kumar B. v. No Respondent
IN THE HIGH COURT OF JUDICATURE AT MADRAS
(TESTAMENTARY AND INTESTATE JURISDICTION) WEDNESDAY, THE 10TH DAY OF JULY 2019 THE HON'BLE MR.JUSTICE R.SUBRAMANIAN O.P.No. 61 of 2019 In the matter of Indian Succession Act, XXXIX of and In the matter of Securities of M.Bakthavatchalamdeceased Intestate
1. Mr.B.Kumar, S/o.Late Bakthavachalam, No.42/3, 14th Lane, Indira Nagar Adyar, Chennai-600 020
2. Tmt.S.Sailakshmi, W/o.Sundaramoorthi, No.60/24A, Ayyapillai Thottam 1st Street, Kaladipet, Thiruvottiyur, Chennai-600 019, Thiruvallur District.
3. Tmt.S.Kannagi, W/o.Selvaraj, No.4/297, 09th Cross Street, Sri Devi Nagar, Goparasanallur, Kattupakkam, Poonamallee-600 056, Thiruvallur District.
4. Tmt.K.Valli, W/o.Gangadharan, No.1, Sinthalamman Koil Street,V.O.C.Nagar, Pammal, Chennai-600 075, Kanceepuram District.
5. Tmt.Suseela, W/o.Johnson, No.465/16, TNHB Quarters, Shanthi Colony, Anna Nagar, Chennai-600 040.
6. R.Parvathi, W/o.Late Mr.Rajendran, No.303, Madura Samy Madam Street, Sembiam, Perambur, Chennai-600 011
7. R.Prabaharan, S/o.Late Rajendran, No.303, Madura Samy Madam Street, Sembiam, Perambur, Chennai-600 011, Petition 6 and 7 are legal heirs of Deceased Late Rajendran.
..Petitioners Original Petition praying that this Hon'ble Court be pleased that a Succession Certificate may be granted to the petitioner with power to collect the debts to receive the interest specified in the Schedule in the petition. This Original Petition coming on this day before this court for hearing the court made the following order: The petitioners, who are the children of the deceased K.Bakthavachalam, who died intestate on 22.01.2017 seek issuance of succession certificate in respect of the securities mentioned in the schedule to the petition.
2. The first petitioner has been examined as P.W.1, he has produced the death certificate of the deceased Bakthavachalam as Ex.P1 and the legal heirship as Ex.P2. A perusal of the legal heirship certificate shows that the petitioners 1 to 5 are the children of the deceased Bakthavachalam. One of the sons namely, B.Rajendran died on 30.04.2017 and the death certificate of Rajendran has been produced as Ex.P4. The legal heirship certificate of B.Rajendran has been marked as Ex.P5 and the same discloses that the petitioners 6 and 7 are his legal heirs, being his
wife and son. The petitioners being the Clause - I heirs of the deceased are entitled to succession certificate in respect of the securities mentioned in the schedule to the petition.
3. In the light of the above evidence, this application is allowed granting succession certificate in respect of the securities mentioned in the schedule to the petition in favour of the petitioners.
Sd/.R.S.M.J 10.07.2019 //Certified to be a true copy// Dated this the day of 2019.
SU/31/07/2019 COURT OFFICER From 25.09.2008 the Registry is issuing certified copies of the Order/Judgment Decree in this format.