R.Rajalakshmi And 3 Others v. No Respondent

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 27.06.2024

CORAM

THE HONOURABLE MR.JUSTICE C.V.KARTHIKEYAN O.P. No. 9 of 2024 1.R.Rajalakshmi 2.R.Thanu Pillai Ravi 3.R.Harish 4.R.Suguna Devi ... Petitioners PRAYER: Original Petition filed under Section 372 of the Indian Succession Act, 1925 read with Order XXV Rule 6 of the Original Side Rules to grant succession certificate to the 1st to 3rd petitioners with absolute power to collect the debts and to receive the interest specified in the schedule hereto.

For Petitioners : Mr.M.R.Radhakrishnan

O R D E R

The petition has been filed taking advantage of Section 372 of the Indian Succession Act, seeking succession certificate with respect to the debts in the name of T.P.Ravi, who died intestate on 17.01.2021.

2.

The details of the debts have been given in the schedule to the petition and it is seen that they comprise of Family Pension Gratuity and other such terminal benefits. Mr.T.P.Ravi was employed in Central Public Works Department, Poonkulam, Trivandrum. The 1st, 2nd and 3rd petitioners are his children and 4th petitioner is his wife. 3.

After following due procedure, the petitioners were directed to tender evidence and accordingly, the 1st petitioner/daughter examined herself as P.W.1. She marked the death certificate and legal heirship certificate of her father as Exs.P1 and P6. The 1st and 2nd petitioners were born to T.P.Ravi and R.Latha and the death certificate of R.Latha was marked as Ex.P2. She also marked the document relating to the debts as Ex.P14. The 3rd petitioner is another son of T.P.Ravi, but born to the 4th petitioner, who had subsequently married T.P.Ravi after the death of R.Latha. The 4th petitioner has given consent that succession certificate can be issued in the name of 1st , 2nd and 3rd petitioners.

4.

Taking into consideration the nature of evidence adduced and the documents produced, the Original Petition stands allowed. Registry to issue succession certificate in the name of the 1st, 2nd and 3rd petitioners in accordance with rules.

Index :Yes/No gsa APPENDIX Petitioners' witness:

P.W.1 - Mrs.R.Rajalakshmi P.W.2- Mrs.R.Suguna Devi Documents marked:

Exhibits Documents Ex.P1 Computer generated death certificate of T.P.Ravi. Ex.P2 Photocopy of the death certificate of R.Latha (compared with original).

Ex.P3 Photocopy of the death certificate of Thanu Pillai (compared with the original).

Ex.P4 Original death certificate of N.Rajammal..

Ex.P5 Photocopy of the ID card of T.P.Ravi.

Ex.P6 Computer generated legal heir certificate of T.P.Ravi. Ex.P7 Photocopy of my Aadhaar card (compared with original). Ex.P8 Photocopy of the Aadhaar card of T.P.Ravi.

Exhibits Documents Ex.P9 Photocopy of the Aadhaar card of the 2nd petitioner. Ex.P10 Photocopy of the Aadhaar card of the 3rd petitioner. Ex.P11 Photocopy of the Aadhaar card of the 4th petitioner. Ex.P12 Photocopy of the Driving License of the 3rd petitioner. Ex.P13 Photocopy of the letter to the 4th petitioner in the name of CPWD, Trivandrum.

Ex.P14 photocopy of the letter to the PAO, CPWD, Chennai in the name of CPWD, Trivandrum with regard to non submission of GPF final payment in respect of T.P.Ravi.

Ex.P15 photocopy of the letter addressed to the CPWD, Trivandrum by the 4th petitioner.

Ex.P16 photocopy of legal notice issued by my counsel to CPWD, Trivandrum dated 26.12.2022.

Ex.P17 Reply dated 14.02.2023 for Ex.P16.

Ex.P18 photocopy of the legal notice issued by my counsel to CPWD, Trivandrum dated 20.05.2023.

Ex.P19 photocopy of the reply notice for Ex.P18 issued by the CPWD, Trivandrum dated 31.05.2023.

Ex.P20 Paper publication effected in one issue of Tamil Daily Makkal Kural dated 24.02.2024.

gsa

C.V.KARTHIKEYAN,J.

Gsa O.P. No. 9 of 2024