D.Saraswathy And Another v. D.Girija

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 02.06.2023

CORAM

THE HONOURABLE MR.JUSTICE K.KUMARESH BABU 1.Mrs.D.Saraswathy 2.Mrs.Banumathy Jayapal ... Petitioners Vs.

D.Girija ... Respondent PRAYER: Original Petition filed for Succession Certificate under Section 372 of the Indian Succession Act, 1925 and under Order XXV Rule 6 of Original Side Rules, prays that a Succession Certificate may be granted to the petitioners with power to collect the debts and to receive 2/3rd share in the deposit accumulated with interest specified in the Schedule-B hereto. For Petitioners : Mr.H.Surendar For Respondent : Mr.S.Saraboji

ORDER

The petitioners seek Succession Certificate in respect of the debts held by A.S.Dharmalingam, who died intestate on 07.07.2018. The first petitioner is the wife, the second petitioner and the respondent are the daughters of the deceased A.S.Dharmalingam.

2.The second petitioner has been examined as P.W.1. She has produced the death certificate of the deceased A.S.Dharmalingam, which was marked as Ex.P3. It is pertinent to note that an O.P.No.26 of 2023, is 1/4

filed by the respondent herein, for grant of succession certificate for her 1/3rd share in the debts held by A.S.Dharmalingam, and the same is also granted accordingly. A paper publication has been made and any objections have not been received.

3. The respondent has been examined as R.W.1. She has stated that after the death of their father, the petitioners and the respondent herein are equally entitled to 1/3rd share of their deceased father's debts. The petitioners herein has filed this original petition without including the respondent, so the respondent has filed another original petition as above mentioned. It is further submitted that there is no dispute regarding the share of the debts of said deceased A.S.Dharmalingam, and the respondent has no objection for grant of 2/3rd share of which the petitioners are entitled to.

4. In view of the above said facts and evidence, the Original Petition is allowed by granting Succession Certificate in favour of the petitioners in respect of their 2/3rd share in the debts mentioned in the schedule to the petition.

Index :Yes/No Speaking: Yes/ No 2/4

Petitioner's witness:

P.W.1 - Mrs.D.Banumathy Respondent's witness:

R.W.1 - Mrs.D.Girija Documents exhibited by the petitioner's:

Exhibits Documents Ex.P1 Photocopy of Indian Bank Passbook bearing account No.6218616420 in respect of Mr.A.S.Dharmalingam Ex.P2 Photocopy of Indian Bank Passbook bearing account No.600610046 in respect of Mr.A.S.Dharmalingam Ex.P3 Original death certificate of Mr.A.S.Dharmalingam Ex.P4 Photocopy of Aadhar Card of the first Petitioner Ex.P5 Photocopy of the PAN Card of the first petitioner Ex.P6 Photocopy of second petitioner's Aadhar Card Ex.P7 Photocopy of second petitioner's PAN Card Ex.P8 Photocopy of the family card of Mr.A.S.Dharmalingam Ex.P9 Paper publication effected in issue of Tamil daily "Makkal Kural", dated 07.11.2022 Ex.P10 Photocopy of the Aadhar Card of the respondent 3/4

K.KUMARESH BABU,J.

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