Kalpana v. Mahalaxmi Raja

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 26.04.2023

CORAM

THE HONOURABLE MR.JUSTICE K.KUMARESH BABU Kalpana ... Petitioner Vs Mahalaxmi Raja ... 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 with powers to collect the debts and to receive the interest if any due thereon as specified in the schedule annexed hereto. For Petitioner : Mr.E.Rajesh For Respondent : No appearance

ORDER

The petitioner seeks Succession Certificate in respect of the debts held by R.Varalakshmi, who died intestate on 24.12.2020. The petitioner and the respondent are the daughters of the deceased R.Varalakshmi. The husband of the deceased S. Ramamurthy is pre-deceased.

2. The petitioner has been examined as P.W.1. She has produced the 1/4

death certificates of the deceased R.Varalakshmi and Ramamurthy, as Exs. P2 and P3, and the legal heirship certificate of the deceased as Ex.P3. A perusal of Ex.P3 shows that the petitioners are the only legal heirs of the deceased. The respondent has been examined as R.W.1 and she has given her consent affidavit which is marked as Ex.R1. A paper publication has been made and any objections have not been received.

3. In view of the above said 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 Petitioner's witness:

P.W.1 - Mrs.Kalpana Respondent's witness:

R.W.1 - Mahalaxmi Raja 2/4

Documents exhibited by the petitioner:

Exhibits Documents Ex.P1 Computer generated death certificate of Mr.Ramamurthy Ex.P2 Computer generated death certificate of Mrs.Varalakshmi Ex.P3 Computer generated legal heirship certificate of Mrs.Varalakshmi Ex.P4 Post Office savings account passbook bearing Account No.0125567383 in respect of Mrs.VaralakshmiRamamurthy Ex.P5 Photocopy of petitioner's Aadhaar card Ex.P6 Copy of paper publication effected in one issue of Tamil daily "Makkal Kural' dated 30.06.2022 Document exhibited by the Respondent:

Exhibits Document Ex.R1 Consent affidavit given by the respondent 3/4

K.KUMARESH BABU,J.

4/4