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Madras High CourtOP/5/2014ordered

Detbs Of U.K.Raman v.

2015-01-08Honourable Mr Justice R.Subbiah4 pages

ORIGINAL PETITION No.5 of 2014 R.SUBBIAH, J., This petition has been filed under Section 372 of Indian Succession Act read with Order XXV Rule 6 of Original Side Rules, to grant a succession certificate in favour of the 1st petitioner Ms.U.K.Divya. 2.The case in brief is as follows:- One Mr.U.K.Raman died intestate on 19.05.2012 at T-6, 3rd Floor, Emarald Towers, Mugappair West, Chennai, Laksha Hospitals, Chennai, leaving behind the petitioners as his legal heirs. The 1st petitioner is the daughter and 2nd petitioner is the son of the deceased Mr.U.K.Raman.

The wife of the deceased Mr.U.K.Raman, viz., Mr.K.Banumathi died on 01.02.2012. The parents of the deceased U.K.Raman also predeceased him. The petitioners are the Class-I legal heirs of the deceased U.K.Raman. The deceased U.K.Raman died intestate. Due and diligent search was made for any Will of the deceased U.K.Raman, but none was found. The deceased U.K.Raman was a Driver by profession and he had invested his earnings in the postal monthly income scheme. The deposits are presently lying with the Postal Department, Mogappair Zone, Chennai and the same being morefully described in the schedule to the petition. The succession certificate is required by the petitioners for the purpose of receiving the benefits of the deposits belonging to the deceased U.K.Raman and lying in the postal department. The assets, in respect of

which the Succession Certificate is required, are of the value of Rs.5,00,000/-.

3.The 1st petitioner examined herself as P.W.1 and she reiterated the averments made in the petition. P.W.1 had stated in her evidence that 2nd petitioner is her younger brother. The 1st petitioner/P.W.1 has filed the following documents as Ex.P.1 to Ex.P.6:- a)Ex.P.1 - Computer generated death certificate of U.K.Raman b)Ex.P.2 - Photo copy of death certificate of K.Bhanumathi c)Ex.P.3 - Photo copy of the Legalheirship certificate dated 24.12.2012 d)Ex.P.4 - Photo copy of the letter dated 09.04.2013 from Sub-Post Master, Mogappair Post Office, chennai.

e)Ex.P.5 - Consent affidavit given by the 2nd petitioner.

f)Ex.P.6-Copy of the paper publiation effected in one issue of Tamil Daily Makkal Kuaral, dated 13.06.2014.

So far, no objection has been received from any one. 4.In view of the evidence of P.W.1 and the documents, the claim of the 1st petitioner is duly proved and the application has to be ordered as prayed for.

5.Issue Succession Certificate in favour of the 1st petitioner to enable her to collect the debts of the deceased and to receive the interest specified in the Schedule. She is directed to render an account once in a year. 08.01.2015 ssv

R.SUBBIAH, J., ssv O.P.No.5 of 2014 08.01.2015