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Madras High CourtOP/139/2023ordered

Nirmala Ramanathan v. No Respondent

2023-10-04Honourable 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 petitioner.

2.Heard the learned counsel for the petitioner.

3. It is the case of the petitioner that the petitioner is the sister of the deceased Savitri Gopalan. Savitri Gopalan died intestate on 24.01.2021 and her husband pre-deceased her on 16.10.2013 and they had no issues. It is further stated that as parents and other sisters of the deceased pre-diseased her, petitioner, as a Class II legal heir, is entitled to get Succession Certificate for realizing the amount of Rs.5,00,000/- deposited by the 1/4

deceased in State Bank of India, West Mambalam Branch. Hence, the petitioner has approached this Court for grant of succession certificate in favour of the petitioner with power to collect the debts as specified in the schedule.

4. The petitioner was examined as P.W.1 and marked Exs.P1 to Ex.P.7.

5. P.W.1 in her evidence had narrated the averments made in the petition stating that the petitioner has filed this petition for grant of Succession Certificate in favour of the petitioner. Ex.P2, P3 and P4 are death certificates of husband of Savitri, sister of Savitri and Savitri respectively and they have been filed to show that petitioner is the only Class II legal heir to succeed to the estabte of Savitri Gopalan. As per Ex.P.7, paper publication has also been taken out and none has objected for it.

6. Considering the averments made in the petition and the documents 2/4

filed by the petitioner, I am satisfied that the petitioner has succeeded the Estate of the deceased Savitri Gopalan. Therefore, this petition is ordered as prayed for and a direction for grant of Succession Certificate in favour of the petitioner with power to collect the debts and to receive interest specified in the schedule, is issued.

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N.SATHISH KUMAR, J.

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