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Madras High CourtOP/217/2023ordered

Mrs.Geetha Chelladurai And 2 Others v. J.Jayarani

2023-11-07Honourable Mr Justice N. Sathish Kumar4 pages

N.SATHISH KUMAR, J.

This Petition has been filed under Section 372 of the Indian Succession Act read with Order XXV Rule 6 of the Madras High Court Original Side Rules, to grant succession certificate in favour of the first petitioner.

2. Heard the learned counsel for the petitioners.

3. It is the case of the petitioners that they as well as the respondent are the Class-I legal heirs of the deceased Mr.J.Mohan. The deceased J.Mohan, died on 17.06.2021. The deceased died intestate left the amount specified in the Schedule, within the jurisdiction of this Court. The succession certificate is required for the purpose of claiming sum assured of Rs.2,00,000/- including the maturity benefits which stands in the name of the deceased. Hence, the petitioners have approached this Court for grant of 1/4

succession certificate in favour of the first petitioner with power to collect the debts and to receive the interest as specified in the schedule.

4. The first petitioner was examined as P.W.1 and marked Ex.P1 to Ex.P.6.

5. P.W.1 in her evidence had narrated the averments made in the petition stating that the petitioners have filed this petition for grant of Succession Certificate in favour of first petitioner. Ex.P.1 is the photocopy of the PLI Policy bearing TN-256931-CS standing in the name of the deceased. Ex.P.3 is the computer generated death certificate of the deceased. Ex.P.4 is the computer generated legal heir certificate of the deceased. Ex.P.6 is the copy of the paper publication. Despite Ex.P.6 paper publication, none objected and the same is recorded.

6. Considering the averments made in the petition as well as the documents and also of the fact that the respondent has given consent affidavit, this petition is ordered as prayed for and a direction for grant of 2/4

Succession Certificate in favour of the first petitioner with power to collect and to receive deposit specified in the schedule together with interest as applicable till the date of withdrawal, is issued. 07.11.2023 dhk 3/4

N.SATHISH KUMAR, J.

dhk 07.11.2023 4/4