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Madras High CourtOP/803/2015allowed

Debts Of Meenakshi Ramalingam v.

2016-04-01Honourable Mr Justice K.K. Sasidharan3 pages

O.P.No.803 of 2015 K.K.SASIDHARAN, J.

This Original Petition has been filed under Section 372 of the Indian Succession Act for issuing a succession certificate in the name of the petitioner for the purpose of collecting debts and securities shown in the schedule.

2. The petitioner is the daughter of Mrs.Meenakshi Ramalingam, who died intestate on 21st May, 1998 at Kolkatta. The father of the petitioner pre-deceased her mother. The petitioner is the sole surviving legal heir of the deceased.

3.

The petitioner has come up with this Original Petition for issuing her a succession certificate to collect the debts and securities due to the estate of the deceased.

4.

The petitioner has taken paper publication in "Malai Murasu" on 29th January, 2016. So far no objection has been received from any one.

5. The petitioner was examined as PW.1 and the following documents were marked through her.

Exhibits Date Documents Ex.P1 21.05.1998 Photocopy of the death certificate of my mother Meenakshi Ramalingam, who died on 21.05.1998 (marked after comparing and verifying with original) Ex.P2 09.10.2011 Original untraceable certificate given by the Sub Inspector of Police (Crime), F5, Choolaimedu Police Station, Chennai - 600 094 along with list of share certificates standing in the name of my deceased mother Meenakshi Ramalingam.

Ex.P3 29.01.2016 Copy of Paper publication effected in one issue of Tamil Daily "Makkal Kural"

6.

The petitioner is the Class-I heir of the deceased. The petitioner in her evidence deposed that she is only legal heir of the deceased.

7.

In view of the documents available on record, the petitioner is entitled to a succession certificate.

8.

There shall be an order to issue a succession certificate in the name of the petitioner authorising her to collect the debts and securities shown in the schedule to the original petition. 9.

In the upshot, I allow the Original Petition. 01.04.2016 ssd

K.K.SASIDHARAN, J ssd O.P.No.803 of 2016 01.04.2016