Geetha @ Geetha Kumar v. No Respondent

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 06.04.2023

CORAM

THE HONOURABLE MR.JUSTICE K.KUMARESH BABU Geetha @ Geetha Kumar ... Petitioner PRAYER: Original Petition filed for Succession Certificate under Section 372 of the Indian Succession Act, 1925 and under Order XXV Rule 6 of Original Side Rules, prays to grant a Succession Certificate to the petitioner with power to collect the debts and to receive the interest specified in the schedule hereto.

For Petitioner : Mr.G.Perumal

ORDER

The petitioner seeks Succession Certificate in respect of the debts held by Thangam Ananta Narayanan and A.B.Kumar, who died intestate on 21.03.2018 and 14.09.2019 respectively. The petitioner is the daughter inlaw of the deceased Thangam Ananta Narayanan and wife of deceased A.B.Kumar.

2. This application has been filed by the petitioner representing her husband Late A.B.Kumar, who was a nominee of Late Thangam Ananta 1/4

Narayanan (mother of A.B.Kumar). Since the said A.B.Kumar died on 14.09.2019, he was not able to perform the functions as a nominee of Thangam Ananta Narayanan. The petitioner by issuance of this succession certificate seeks to represent A.B Kumar as his legal heir to collect the debts and to receive the interest specified in the schedule.

3. The petitioner has been examined as P.W.1. She has produced the death certificates of the deceased Thangam Ananta Narayanan and A.B.Kumar, as Exs.P1 and P2. The legal heirship certificate of the deceased A.B.Kumar has been marked as Ex.P3. A perusal of Ex.P3 shows that the petitioner is the only legal heir of the deceased A.B.Kumar. A paper publication has been made and objections have not been received.

4. In view of the above said facts and evidence, the Original Petition is allowed by granting Succession Certificate in favour of the petitioner, in respect of the debts mentioned in the schedule to the petition. Index :Yes/No Speaking: Yes/ No Petitioner's witness:

2/4

P.W.1 - Mrs.Geetha @ Geetha Kumar Documents exhibited by the petitioners:

Exhibits Documents Ex.P1 Computer generated death certificate of Thangam Anantha Narayanan Ex.P2 Computer generated death certificate of A.B.Kumar Ex.P3 Computer generated legal Heirship certificate of A.B.Kumar Ex.P4 Photocopy of the public provident fund passbook bearing account No.0000255905 standing in the name of Thangam Ananta Narayanan Ex.P5 Photocopy of the petitioner's Aadhaar Card Ex.P6 Copy of paper publication effected in one issue of Tamil daily "Makkal Murasu", dated 17.12.2022 3/4

K.KUMARESH BABU,J.

4/4