Arokiadass And 8 Others v. No Respondent

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 02.01.2023

CORAM

THE HONOURABLE MR.JUSTICE SENTHILKUMAR RAMAMOORTHY 1.Mr.Arokiadass S/o.Late S.Aaroon Residing at 13(2), Anna Nagar, 4th Street, Burma Colony, Madhavaram, Chennai-600 060.

2.S.A.Daniel, S/o. Late S.Aaroon Residing at No.N-22, 2nd Floor, N Block, Panchsheel Club, Panchsheel park, Malviya Nagar, Hauz Khas, South Delhi, Delhi-110 017.

3.Ms.Lourdmeri D/o.Late S.Aaroon, W/o.Mayakumar Residing at No.6/68, North Velli Street, St. Thomas Mount, Alandhur, Chennai-600 016.

4.Ms.Rejina Margrate D/o.Late S.Aaroon, No.1, Burma Colony, 1st Street, Anna Nagar, Madhavaram, Chennai-600 060.

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5.Mr.David S/o.Latae S.Aaroon, Residing at 13(B), Anna Nagar, 4th Street, Burma Colony, Madhavaram, Chennai-600 060.

6.Ms.P.Santhi Mary, W/o.Patrick Johnbosco Residing at 13, Anna Nagar, 4th Street, Burma Colony, Madhavaram, Chennai-600 060.

7.Mr.P.Moses Aaron, S/o.Patrick Johnbosco Residing at 13, Anna Nagar, 4th Street, Burma Colony, Madhavaram, Chennai-600 060.

8.Mr.P.Mathew Santhosh, S/o.Patrick Johnbosco Residing at 13, Anna Nagar, 4th Street, Burma Colony, Madhavaram, Chennai-600 060.

9.Mr.P.Thomas, S/o.Patrick Johnbosco Residing at 13, Anna Nagar, 4th Street, Burma Colony, Madhavaram, Chennai-600 060.

... Petitioners PRAYER: Original Petition filed for Succession Certificate under Section 372 of Indian Succession Act read with Order XXV Rule 6 of the Madras High Court Original Side Rules, prays that a Succession Certificate may be 2/8

granted to the Petitioner with power to collect the debts and to receive the interest specified in the Schedule hereto.

For Petitioner : Mr. D.Rajendran **********

ORDER

The petitioners seek the grant of succession certificate in respect of the debts and benefits described in the schedule to the petition.

2. The petitioners state that late Ms.A.Rose Vergine was the sister of petitioners 1 to 5. She died on 31.03.2015. The petitioners assert that she died single and unmarried. They further assert that in spite of diligent search, no Will was found. One of the brothers of the deceased, Patrick John Bosco, died and, therefore, his wife and sons are arrayed as the 6th to 9th petitioners. The petitioners further state that the parents of the deceased predeceased her.

3. In order to establish entitlement to the relief claimed, the petitioners adduced evidence by examining the first petitioner as PW1. In course of the 3/8

examination-in-chief of PW1, the 24 documents listed at the foot of this order were exhibited as Exs.P1 to P24. The death certificate of the deceased (Ex.P2) discloses that she died on 31.03.2015. The said document also discloses the name of the father of the deceased as S.Aaron. It also discloses the address of the deceased. The death certificate of the father of the deceased (Ex.P23) discloses that he died on 05.05.1986 and that of the mother of the deceased (Ex.P22) discloses that she died on 17.03.2003. The address disclosed in the death certificate of the late S.Aaron tallies with the address specified as regards A.Rose Vergine. The legal heirship certificate in respect of A.Rose Vergine discloses the names of the 1st to 5th petitioners and Patrick John Bosco as the legal heirs of the deceased.

The death certificate of Patrick John Bosco (Ex.P16) discloses that he died on 19.10.2018. The legal heirship certificate in respect of Patrick John Bosco discloses the names of the 6th to 9th petitioners as his legal heirs. Documents relating to the debt and other benefits due to the deceased have been exhibited as Exs.P4 to P10.

4. Based on the assertions in the petition and evidence adduced in 4/8

support thereof, the petitioners are entitled to the relief claimed. Accordingly, O.P.No.500 of 2022 is allowed by grating a succession certificate to the petitioners in respect of the debts and benefits specified in the schedule to the petition. Consequently, the petitioners are entitled to collect the debts, receive interest accruals thereon and negotiate and transfer the same.

02.01.2023 kal Index : Yes / No Petitioners' witness:

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

Exhibits Documents Ex.P1 The photocopy of the service register of Selvi Aaron Rose Vergine issued by the Government Stanley Hospital, Chennai1 dated 18.12.2014 (Compared with the original). Ex.P2 The computer generated death certificate of A.Rose Vergine. Ex.P3 The photocopy of the Legal Heirship Certificate of A.Rose Vergine (Compared with the original).

Ex.P4 The photocopy of the letter issued by the Government Stanley 5/8

Exhibits Documents Hospital stating the individual benefits of Selvi Aaron Rose Vergine (Compared with the original).

Ex.P5 The office copy of my letter of requisition addressed to Stanley Government Hospital in respect of terminal benefits of Selvi Aaron Rose Vergine.

Ex.P6 The photocopy of the letter dated 27.09.2016 addressed to me by Government Stanley Hospital (Compared with the original). Ex.P7 The original letter dated 02.03.2017 issued by the Government Stanley Hospital.

Ex.P8 The photocopy of the letter dated 22.03.2018 given by Government Stanley Hospital (Compared with the original). Ex.P9 My copy of letter dated 14.08.208 sent by me to the Government Stanley Hospital under RTI Act.

Ex.P10 The photocopy of the reply from Government Stanley Hospital under RTI Act dated 20.09.2018 (Compared with the original). Ex.P11 The photocopy of my Aadhaar card (Compared with the original) Ex.P12 The photocopy of the Aadhaar card of the 2nd petitioner (Compared with the original).

Ex.P13 The photocopy of the Aadhaar card of the 3rd petitioner (Compared with the original).

Ex.P14 The photocopy of the Aadhaar card of the 4th petitioner (Compared with the original) Ex.P15 The photocopy of the Aadhaar card of the 5th petitioner (Compared with the original).

Ex.P16 The computer generated death certificate of Patrick John Bosco.

Ex.P17 The computer generated Legal Heirship Certificate of Patrick John Bosco.

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Exhibits Documents Ex.P18 The photocopy of the Aadhaar card of the 6th petitioner (compared with the original).

Ex.P19 The photocopy of the Aadhaar card of the 7th petitioner (compared with the original).

Ex.P20 The photocopy of the Aadhaar card of the 8th petitioner (compared with the original).

Ex.P21 The photocopy of the Aadhaar card of the 9th petitioner (compared with the original).

Ex.P22 The computer generated death certificate of A.Theresa Aaron. Ex.P23 The computer generated death certificate of S.Aron. Ex.P24 The copy of paper publication effected in one issue of Tamil daily "Makkal Kural" dated 03.11.2022.

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SENTHILKUMAR RAMAMOORTHY,J kal 02.01.2023 8/8