Mrs.Agnes Mary (Deceased) 1.Mr.E.Alexander And 11 Others v. Mrs.K.Victoriarani And Another

A.Nos.3405 to 3407 of 2022 in O.P.No.840 of 2014 C.V.KARTHIKEYAN,J.

The petitioner had taken advantage of Section 372 of Indian Succession Act, and had filed an application seeking succession certificate for the credits of deceased E.Joseph Raj claiming status as his wife. There is a rival claimant who claimed the same status namely, the 1st respondent. She also has a daughter who is the 2nd respondent. Pending the petition, the petitioner had died and these applications have been filed seeking to condone the delay in filing applications, to set aside the abatement and to bring on record legal representatives.

2.In view of the fact that it would only be appropriate that the legal representatives are actually brought on record, since succession certificate relates to the credits which are due and payable to the deceased, I would condone the delay and allow these applications. Necessary amendment to be carried out in the original petition reflecting the death of the petitioner and bringing on record the legal representatives as reflected in the applications. 3.The learned counsel who appeared for the 1st respondent states that the 1st respondent is also said to have died, but that she would have verify that information. Let necessary memo be filed, depending on the nature of the information received.

https://www.mhc.tn.gov.in/judis

C.V.KARTHIKEYAN,J.

smv 4.Call the matter once again on 12.10.2022.

09.09.2022 smv A.Nos.3405 to 3407 of 2022 in O.P.No.840 of 2014 https://www.mhc.tn.gov.in/judis