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Madras High CourtOP/579/2023ordered

P.Dhanalakshmi And 2 Others v. No Respondent

2023-12-12Honourable 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 third petitioner with power to collect the debts and interest specified in the schedule.

2.Heard the learned counsel for the petitioners. 3.The petitioners are the daughters of one R.Pichandi, who is the brother of the deceased Mrs.K.Bommy. According to the petitioners, the deceased died intestate on 21.01.2019 and her husband pre-deceased her and her only son Rajasekar also pre-deceased her (died on 12.11.2001) at the age of 15 years. Mr.R.Pichandi, brother of the deceased K.Bommy also died on 03.11.2012, leaving behind him the petitioners as his legal heirs. Hence, the petitioners, being Class - II legal heirs, seek succession certificate in favour of the third petitioner.

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

5.P.W.1 in her 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 third petitioner. To prove the death of the deceased K.Bommy, Ex-P.1 is marked; Ex-P.2 is death certificate of the son of the deceased K.Bommy; Ex-P.3 is the legal heir certificate of Mr.Pichandi, who is the brother of the deceased K.Bommy; Ex-P.4 is filed to prove the assets left by the deceased.

6.Considering the averments made in the Original Petition and the documents filed by the petitioners, I am satisfied that the petitioners, being Class - II legal heirs have succeeded the Estate of the deceased K.Bommy. Therefore, the Original Petition is ordered as prayed and a direction for grant of Succession Certificate in favour of the third petitioner with power to collect the debts and interest specified in the schedule, is issued.

12.12.2023 TK

N.SATHISH KUMAR, J.

TK 12.12.2023