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Madras High CourtOP/454/2022ordered

V.R.Vijayaraghavan And 5 Others v. No Respondent

2023-04-28Honourable Mr Justice K.Kumaresh Babu6 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 28.04.2023

CORAM

THE HONOURABLE MR.JUSTICE K.KUMARESH BABU 1.V.R.Vijayaraghavan 2.Lakshmi Srinivasan 3.V.R.Sampath 4.Kalyani Ranganathan 5.Krishna Vasudevan 6.S.M.Vasudevan ... Petitioners PRAYER: Original Petition filed for Succession Certificate under Section 372 of Indian Succession Act, 1925 under Order XXV Rule 6 of Original Side Rules, prays that a Succession Certificate may be granted in favour of the Petitioners with power to collect the amount of debts and securities and to receive the interest and dividends on and negotiate and transfer the securities as specified in the schedule annexed hereto. For Petitioners : Mr.T.N.C.Kaushik

ORDER

The petitioners seek Succession Certificate in respect of the debts and securities held by V.R.Varadarajan, who died intestate on 23.09.2021. The first and third petitioners are the brothers, second and fourth petitioners are the sisters and the fifth and sixth petitioners are the legal heirs of the late sister Vasumathy of the deceased V.R.Varadarajan.

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2. The petitioners submit that the deceased V.R.Varadarajan, remained unmarried till his death and his parents also pre-deceased him. The petitioners are the class-II legal heirs of the deceased.

3. The first petitioner has been examined as P.W.1. He has produced the death certificate of the deceased V.R.Varadarajan, as Ex.P1. The second to sixth petitioners have given their consent affidavits expressing their no objection for the grant of succession certificate, their consent affidavits is marked as Exs.P21 to P25. A paper publication has been made and any objections have not been received.

4. In view of the above said evidence, the Original Petition is allowed by granting Succession Certificate in favour of the first petitioner since the second to sixth petitioners have signified their consent for the grant, in respect of the debts and securities mentioned in the schedule to the petition. gba Index :Yes/No Speaking order: Yes/ No Petitioner's witness:

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P.W.1 - Mr.V.R.Vijayaraghavan Documents exhibited by the petitioners:

Exhibits Documents Ex.P1 Computer generated death certificate of V.R.Varadarajan Ex.P2 Downloaded copy of the consolidated account statement of NSDL standing in the name of V.R.Varadarajan Ex.P3 Fixed deposit receipt bearing no.PFD012190 of the Mylapore Hindu Permanent Fund LTD., standing in the name of V.R.Varadarajan Ex.P4 Fixed deposit receipt bearing no.PFD009487 of the Mylapore Hindu Permanent Fund LTD., standing in the name of V.R.Varadarajan Ex.P5 Fixed deposit receipt bearing no.PFD012121 of the Mylapore Hindu Permanent Fund LTD., standing in the name of V.R.Varadarajan Ex.P6 Fixed deposit receipt bearing no.PFD009495 of the Mylapore Hindu Permanent Fund LTD., standing in the name of V.R.Varadarajan Ex.P7 Fixed deposit receipt bearing no.PFD009486 of the Mylapore Hindu Permanent Fund LTD., standing in the name of V.R.

Varadarajan Ex.P8 Fixed deposit receipt bearing no.PFD010744 of the Mylapore Hindu Permanent Fund LTD., standing in the name of V.R.Varadarajan Ex.P9 Fixed deposit receipt bearing no.CDJ085998 of Sundaram Finance standing in the name of V.R.Varadarajan Ex.P10 Fixed deposit receipt bearing no.CDJ086000 of Sundaram Finance standing in the name of V.R.Varadarajan Ex.P11 Fixed deposit receipt bearing no.CDJ087129 of Sundaram Finance standing in the name of V.R.Varadarajan Ex.P12 Photocopy of the term deposit receipt bearing No.

Exhibits Documents V.R.Varadarajan Ex.P13 Photocopy of the term deposit advice of State Bank of India, Mylapore Branch bearing deposit no.320062875815 standing in the name of V.R.Varadarajan Ex.P14 Photocopy of the term deposit advice of State Bank of India, Mylapore Branch bearing deposit no.32164765568 standing in the name of V.R.Varadarajan Ex.P15 Photocopy of the term deposit advice of State Bank of India, Mylapore Branch bearing deposit no.32787762375 standing in the name of V.R.Varadarajan Ex.P16 Deposit receipt of City Union Bank bearing deposit account no.500707050005116 standing in the name of V.R.Varadarajan Ex.P17 Deposit receipt of City Union Bank bearing deposit account no.500707150005881 standing in the name of V.R.Varadarajan Ex.P18 Downloaded statement 0343000100108431 of Mr.V.R.

Varadarajan in Mylapore Branch, Punjab National Bank showing the balance as on 30.09.2021 Ex.P19 Photocopy of the bank passbook of Mr.V.R.Varadarajan Mylapore Branch of Bank of Baroda bearing account no.05270100002316 Ex.P20 Photocopy of the bank passbook of Mr.V.R.Varadarajan Mylapore Branch of State Bank of India bearing account no.10476601675 Ex.P21 Consent affidavit of the 2nd petitioner Ex.P22 Consent affidavit of the 3rd petitioner Ex.P23 Consent affidavit of the 4th petitioner Ex.P24 Consent affidavit of the 5th petitioner Ex.P25 Consent affidavit of the 6th petitioner Ex.P26 Paper publication in one issue of "Makkal Kural" dated 23.09.

gba K.KUMARESH BABU,J.

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