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Madras High CourtOP/681/2022ordered

T.K.Chandrasekar And 5 Others v. No Respondent

2023-04-18Honourable Mr Justice K.Kumaresh Babu5 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 18.04.2023

CORAM

THE HONOURABLE MR.JUSTICE K.KUMARESH BABU 1.T.K.Chandrasekar 2.T.K.Rajan 3.T.K.Ashok 4.T.K.Ramesh 5.T.K.Prakash 6.T.K.Ragunathan ... Petitioners 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 petitioners with power to collect the debts and to receive interest specified in the Schedule mentioned.

For Petitioner : Mr.R.Sridhar

ORDER

The petitioners seek Succession Certificate in respect of the debts held by T. B. Krishna Murthy, who died intestate on 24.04.2019. The petitioners are the only sons of the deceased T.B. Krishna Murthy. 1/5

2. The 3rd petitioner has been examined as P.W.1. He has produced the death certificate of the deceased T.B. Krishna Murthy, as Ex.P2. The legal heirship certificate of the deceased T.B. Krishna Murthy, which has been marked as Ex.P3. A perusal of Ex.P3 shows that the petitioners are the only Class-I legal heirs of the deceased T.B. Krishna Murthy. As the mother of the petitioners, who was also the wife of the deceased T.B.Krishna Murthy, has pre-deceased him. A paper publication has been made and any objections have not been received.

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

P.W.1 - Mr.T.K.Ashok 2/5

Documents exhibited by the petitioners:

Exhibits Documents Ex.P1 Photocopy of the post office savings account pass book bearing account No.7633181551 standing in the name of deceased T.B.Krishna Murthy Ex.P2 Computer generated death certificate of Mr.T.B.Krishna Murthy Ex.P3 Computer generated legal heir certificate of Mr.T.B.Krishna Murthy Ex.P4 Photocopy of the Annexure I to Form G (Letter of Indemnity presented by the petitioner before the Madipakkam Post Office, chennai-91, which was refused by the officials). Ex.P5 Photocopy of the Annexure II to Form G (Letter of Indemnity presented by the petitioner before the Madipakkam Post Office, Chennai -91, which was refused by the officials) Ex.P6 Photocopy of the Aadhar copy of the first petitioner Ex.P7 Photocopy of the Aadhar copy of the 2nd petitioner Ex.P8 Photocopy of the third petitioner's Aadhar card Ex.

P9 Photocopy of the Aadhar copy of the 4th petitioner Ex.P10 Photocopy of the Aadhar copy of the 5th petitioner Ex.P11 Photocopy of the Aadhar copy of the 6th petitioner Ex.P12 Photocopy of the Post office claim statement in respect of T.B.Krishna Murthy Ex.P13 Copy of the paper publication effected in one issue of Tamil daily "Makkal Kural", dated 29.12.

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K.KUMARESH BABU,J.

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