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Madras High CourtOP/261/2019allowed

Mrs.Vedavalli V. v. No Respondent

2019-07-26Honourable Mr Justice R. Subramanian3 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

(TESTAMENTARY AND INTESTATE JURISDICTION) FRIDAY, THE 26TH DAY OF JULY 2019 THE HON'BLE MR. JUSTICE R.SUBRAMANIAN O.P.No. 261 of 2019 In the matter of Indian Succession Act, XXXIX of and In the matter of certain debts T.M.Krishnan - Died intestate 1.Mrs.V.VEDAVALLI, W/o.Late T.M.Krishnan, 13/5, South Mada Street, Triplicane, Chennai-5

2. Mr.K.SRIVATSAN, S/o.Late T.M.Krishnan, 13/5, South Mada Street, Triplicane, Chennai-5.

3. Mr.T.M.K.SRIRAM Son of T.M.Krishnan, No.4/21, T.P.Koil 2nd Lane, Triplicane, Chennai-5. ..Petitioners Original Petition praying that this Hon'ble Court be pleased that a Succession Certificate may be granted in favour of to the 1st Petitioenr herein, with power to collect the debts and to receive interest as specified in the Schedule hereto.

SCHEDULE As per Section 377 and Schedule No.VIII of the Indian Succession Act Serial Number Name of Debtor Amount of debt includng interest, on date of application for certificate Description and date of instrument, if any, by which the debt is secured T.M.Krishnan (Deceased) Rs.2,80,850/- Pension Account No.2869344448 standing in the name of T.M.Krishnan (deceased) lying in Parthasarathy Swamy Koil post Office, Chennai-600 005.

This Original Petition coming on this day before this court for hearing the court made the following order: The petitioners who are the wife and children of late T.M.Krishnan who died on 16.07.2018, seek Succession Certificate in respect of the securities that was held by him.

2. The 1st petitioner has examined herself as PW1. She has produced the death certificate of her husband as Ex.P1 and the legal heirship certificate as Ex.P2.

3. A perusal of Ex.P2 shows that the petitioners are the only legal heirs of the deceased T.M.Krishnan. The 2nd and 3rd petitioners have filed their consent affidavits, expressing their no objection for grant of Succession certificate in favour of the 1st petitioner. The said consent affidavits have been marked as Exs.P4 and P5.

4. In view of the above evidence, this Original Petition is allowed granting Succession Certificate in respect of the securities mentioned in the schedule to the petition in favour of the 1st petitioner.

Sd/.R.S.M.J 26.07.2019 //Certified to be a true copy// Dated this the day of 2019.

SU/10.09.2019 COURT OFFICER From 25.09.2008 the Registry is issuing certified copies of the Order/Judgment Decree in this format.