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Madras High CourtOP/270/2024ordered

Ramadevi Prakash And 2 Others v. No Respondent

2024-10-22Honourable Mr Justice Rmt. Teekaa Raman3 pages

O.P.No.270 of 2024 RMT.TEEKAA RAMAN, J.

This original petition has been filed taking advantage of Section 372 of the Indian Succession Act, 1925 read with Order XXV Rule 6 of the O.S.Rules, seeking Succession Certificate with respect to the debts in the name of V.K.Prakash, who died on 02.07.2023. The first petitioner is the wife of the deceased. The 2nd and 3rd petitioners are the daughters of the deceased. The petitioners herein as the class-I legal heirs of the deceased claims to be entitled equally to securities specified in the schedule hereto. They filed an application for succession certificate. The details of the securities had been given in the schedule to the petition. 2.The said assets in respect of which the succession certificate is required are of the value of Rs.17,88,638.38/- (Rupees Seventeen Lakhs Eighty Eight Thousand and Six Hundred and Thirty Eight and paise Thirty Eight only), as on the date of this petition.

3. After following due procedure, the petitioners were invited to tender evidence. Accordingly, the 1st petitioner was examined as PW-1 and Exs.P1 to P9 had been marked.

4. The list of documents filed by the 1st petitioner is given below:-

Sl.

Documents Exhibits No.

1.

Death certificate of Mr.V.K.Prakash P1 2.

Legal heir certificate of Mr.V.K.Prakash P2 3.

The Aadhaar card of the first petitioner P3 4.

The Aadhaar card of the second petitioner P4 5.

The Aadhaar card of the third petitioner P5 6.

The statement of the consolidated investment portfolio of the mutual funds standing in the name of Mr.V.K.Prakash issued by Franklin Templeton dated 12.01.2024 P6 7.

The account statement of the Savings Bank account standing in the name of Mr.V.K.Prakash issued by Standard Chartered Bank for the period 12.01.2022 to 12.01.2024 P7 8.

Copy of the paper publication effected in one issue of Tamil daily "Malai Malar" dated 08.07.2024 P8 9.

The certificate under Section 63 of BSA filed in respect of Exs.P1 and P2.

P9

5. In view of both the oral and documentary evidences adduced before this Court, I find no impediment for grant of succession certificate.

6. Accordingly, this Original Petition is allowed. The Succession Certificate may be issued in favour of the first petitioner in accordance with the rules.

22.10.2024 nvi RMT.TEEKAA RAMAN,J.,

nvi O.P.No.270 of 2024 22.10.2024