B.Seethalakshmi v. Usha And 12 Others

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 K.Vijayalakshmi and the respondents are the sisters and brothers and children of the deceased sisters and brothers of the said Vijayalakshmi. The said K.Vijayalakshmi died on 23.04.2020. The husband of the deceased predeceased her on 05.01.2000. The petitioner and the respondents are Class II legal heirs of the deceased. The deceased K.Vijayalakshmi died intestate and though due and diligent search has been 1/4

made for a Will, none has been found in respect of the debts mentioned in the schedule. The deceased left the amount specified in the Schedule, within the jurisdiction of this Court. The debts in respect of which succession certificate is required for the value of Rs.2,98,000/-. The respondents have filed consent affidavits for grant of succession certificate in favour of the petitioner. 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.10.

5. P.W.1 in her evidence had narrated the averments made in the petition stating that the petitioner have filed this petition for grant of Succession Certificate in favour of the petitioner. Ex.P.5 is the computer generated death certificate of the husband of the deceased. Ex.P.5 shows that the husband of the deceased predeceased her. Ex.P.6 is the computer generated death certificate of the deceased of K.Vijayalakshmi. Ex.P.3 has 2/4

been filed to show that the deceased K.Vijayalakshmi died on 23.04.2020. Ex.P.7 to Ex.P.9 have been filed to show the debts in the name of the deceased Vijayalakshmi. Ex.P.10 is the Paper publication and none objected for the same.

6. Considering the averments made in the petition and the documents filed by the petitioner, I am satisfied that the petitioner has succeeded the estate of the deceased K.Vijayalakshmi. Therefore, the petition is ordered as prayed for and a direction for grant of Succession Certificate in favour of the 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.

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N.SATHISH KUMAR, J.

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