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Madras High CourtOP/518/2023ordered

P.B.Phanindar And 2 Others v. No Respondent

2023-12-22Honourable Mr Justice N. Sathish Kumar3 pages

N.SATHISH KUMAR, J.

This Original Petition has been filed under Section 372 of the Indian Succession Act, 1925 read with Order XXV Rule 6 of the Madras High Court Original Side Rules, to grant succession certificate in favour of the first petitioner with power to collect the debts and to receive the interest specified in the schedule.

2.Heard the learned counsel for the petitioners. 3.The deceased Mr.P.B.Nanda Kishore is a Bachelor and he died on 11.02.2020. The petitioners are the brothers and sister of the deceased. The parents of the deceased pre-deceased him on 14.04.2013 and 13.02.2015 respectively. One of the brothers of the deceased namely Mr.P.B.Rajagopal also died as a Bachelor on 28.04.2021. The petitioners are the surviving Class-II legal heirs of the deceased. Therefore, the petitioners, being Class-II legal heirs of the deceased, seek succession certificate in favour of the first petitioner.

4.For issuance of succession certificate in respect of the assets left by the deceased, the first petitioner has examined himself as P.W.1 and Exs-P.1 to P.12 were marked.

5.P.W.1 in his evidence had narrated the averments made in the petition stating that the petitioners have filed this petition for grant of Succession Certificate in favour of the first petitioner. Exs-P.1 and P.3 are the death certificate of the parents of the deceased; Ex-P.2 is the computer generated legal heir certificate of the father of the deceased; Ex-P.4 is the deposit receipt held by the deceased; Ex-P.5 is the death certificate of the deceased; Ex-P.8 is filed to prove the assets left by the deceased; Ex-P12 is the paper publication and none have objected for the same. 6.Considering the averments made in the Original Petition and the documents filed by the petitioners, I am satisfied that the petitioners have succeeded the Estate of the deceased Mr.P.B.Nanda Kishore. Therefore, the Original Petition is ordered as prayed and a direction for grant of Succession Certificate in favour of the first petitioner with power to collect the debts and to receive the interest specified in the schedule, is issued. 22.12.2023 TK

N.SATHISH KUMAR, J.

TK 22.12.2023