P.V.Ramasamy v. P.V.Subramani

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 24.04.2023

CORAM

THE HONOURABLE MR.JUSTICE K.KUMARESH BABU P.V.Ramasamy ... Petitioner Vs P.V.Subramani ... Respondent PRAYER: Original Petition filed for Succession Certificate under Section 372 of Indian Succession Act, 1925 under Order XXV Rule 6 of Original Side Rules, prays that a Succession Certificate may be granted in favour of the Petitioner herein with powers to the debts and to receive interest as specified in the schedule annexed hereto.

For Petitioner : Mr.S.Ganesan For Respondent : Mr.K.S.Selvakumar

ORDER

The petitioner seeks Succession Certificate in respect of the debts held by P.V.Nagammal, who died intestate on 06.02.2022. The petitioner is the elder brother and the respondent is the younger brother of the deceased P.V.Nagammal.

2. The petitioner as the eldest brother and one of the legal heirs of the 1/4

deceased claims that he is entitled to withdraw the term deposists, in the name of the deceased and has got consent affidavit from the other legal heir i.e., the respondent herein. There are no siblings for her husband and the in-laws of her husband has also pre-deceased her. The deceased has no issues out of the wedlock.

3. The petitioner has been examined as P.W.1. He has produced the death certificates of the deceased P.V.Nagammal and Venkatesan (husband of the deceased), as Ex.P1 and Ex.P2. The respondent has filed his consent affidavit expressing his no objection for the grant of Succession Certificate in favour of the petitioner. The said consent affidavit has been marked as Ex.P9. 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, since the respondent has given his consent for the grant, in respect of the debts mentioned in the schedule to the petition.

Index :Yes/No Speaking order: Yes/ No 2/4

Petitioner's witness:

P.W.1 - Mr.P.V.Ramasamy Documents exhibited by the petitioner:

Exhibits Documents Ex.P1 Computer generated death certificate of Nagammal Ex.P2 Computer generated death certificate of Venkatesan Ex.P3 Computer generated death certificate of S.Guru Ex.P4 Photocopy of the Term Deposit receipt of Central Bank of India dated 27.10.2021 in respect of Mrs.P.V.Nagammal Ex.P5 Photocopy of the Term Deposit receipt of Central Bank of India dated 27.10.2021 in respect of Mrs.P.V.Nagammal Ex.P6 Family card of Mrs.P.V.Nagammal Ex.P7 Photocopy of the Aadhar card of Mrs.P.V.Nagammal Ex.P8 Photocopy of the Aadhar card of Mr.P.V.Subramanian Ex.P9 Consent affidavit given by the respondent Ex.P10 Copy of paper publication effected in one issue of Tamil daily "Malai Malar' dated 25.01.2023 3/4

K.KUMARESH BABU,J.

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