P.S.Chandra v. No Respondent

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 02.06.2023

CORAM

THE HONOURABLE MR.JUSTICE K.KUMARESH BABU P.S.Chandra ... Petitioner PRAYER: Original Petition filed for Succession Certificate under Section 372 of the Indian Succession Act, 1925 and under Order XXV Rule 6 of Original Side Rules, prays that a Succession Certificate may be granted to the petitioner with power to collect the debts and to receive interest, morefully described in the schedule hereunder in accordance with law. For Petitioner : Mr.A.E.Ravichandran

ORDER

The petitioner seeks Succession Certificate in respect of the debts held by P.S.Sundaram, who died intestate on 25.06.2020. The petitioner is the sister of the deceased P.S.Sundaram.

2.The petitioner submits that she is the sister of the deceased and the parents of the petitioner has also predeceased late P.S.Sundaram. The deceased remained unmarried till his death and has no surviving class-I legal heir. The deceased was working as an Irrigation Assistant Executive Engineer, PWD, Tiruvallur.

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3. The petitioner has been examined as P.W.1. She has produced the death certificates of the deceased P.S.Srinivasan (father of the petitioner), P.S.Ramani (mother of the petitioner) and P.S.Sundaram, as Exs.P1, P3 and P4. The legal heirship certificates of the deceased P.S.Srinivasan, P.S.Ramani and P.S.Sundaram, have marked as Exs.P2, P5 and P14. A perusal of Exs.P2 and P5 shows that the petitioner and the deceased P.S.Sundaram are siblings and on perusal of Ex.P14, it shows that the petitioner is the only surviving legal heir of the deceased P.S.Sundaram. A paper publication has been made and any objections have not been received.

4. In view of the above said facts and evidence, the Original Petition is allowed by granting Succession Certificate in favour of the petitioner in respect of the debts mentioned in the schedule to the petition. Index :Yes/No Speaking: Yes/ No 2/4

Petitioner's witness:

P.W.1 - Mr.P.S.Chandra Documents exhibited by the petitioners:

Exhibits Documents Ex.P1 Computer generated death certificate of P.S.Srinivasan Ex.P2 Photocopy of the legal heirship certificate of P.S.Srinivasan Ex.P3 Computer generated death certificate of P.S.Ramani Ex.P4 Computer generated death certificate of P.S.Sundaram Ex.P5 Computer generated legal heirship certificate of P.S.Ramani Ex.P6 Photocopy of the petitioner's affidavit Ex.P7 Photocopy of the legal heirship certificate of P.S.Sundaram Ex.P8 Photocopy of the letter dated 05.05.2022 addressed to the Assistant Executive Engineer, WRD, Thiruvallur by Commissioner, PAO, Chennai (this document is marked subject to its admissibility, proof and relevancy) Ex.P9 Computer generated bank account statement of the petitioner dated 24.08.2021 issued by the Canara Bank Ex.P10 Photocopy of the identity card of P.S.Sundaram Ex.P11 Photocopy of the petitioner's Aadhaar Card Ex.P12 Photocopy of the petitioner's PAN Card Ex.P13 Copy of paper publication effected in one issue of Tamil daily "Makkal Kural" dated 03.11.2022 Ex.P14 Photocopy of the legal heirship certificate of P.S.Sundaram 3/4

K.KUMARESH BABU,J.

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