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Madras High CourtOP/144/2023ordered

K.Mangailakshmi And 2 Others v. No Respondent

2023-10-17Honourable Mr Justice N. Sathish Kumar4 pages

N.SATHISH KUMAR, J.

This Original Petition has been filed under Section 372 of the Indian Succession Act, 1925 read with Order XXV Rule 6 of the Madras High Court Original Side Rules, to grant succession certificate in favour of the first petitioner with power to collect the debts and to receive the interest as specified in the schedule.

2. Heard the learned counsel for the petitioners. 3.The first and third petitioners are the sisters and second petitioner is the brother of the deceased K.Devendran. The deceased is unmarried and left the petitioners as his Class - II legal heirs. The deceased died on 28.04.2021 and he left the assets shown in the schedule. Hence, the petitioners seeks succession certificate in favour of the first petitioner.

4.The first petitioner has examined herself as P.W.1 and marked Exs.P1 to Ex.P.14.

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 the first petitioner. Exs-P.1 to P.3 are the photocopies of the Aadhaar cards of the petitioners; Ex-P.4 is filed to prove the death of the deceased; Ex-P.5 is filed to show that the mother of the deceased also died; Exs-P.6 and P.7 are the Aadhaar Card and Pan Card of the deceased; Exs-P.8, P.9, P.11 and P.12 are filed to show the assets left by the deceased; Ex-P.10 is filed to show that the Tahsildar has declined to issue legal heir certificate to the petitioners as Class-II legal heirs. Ex-P.13 is the paper publication and none have objected for it. 6.

Considering the averments made in the Original Petition and the documents filed by the petitioners, I am satisfied that the petitioners, being Class - II legal heirs, have succeeded the Estate of the deceased K.Devendran.

grant of Succession Certificate in favour of the first petitioner with power to collect the debts and to receive the interest thereon specified in the schedule, is issued.

17.10.2023 TK

N.SATHISH KUMAR, J.

TK 17.10.2023