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Madras High CourtOP/478/2023ordered

Gracy Joseph And Another v. No Respondent

2023-10-20Honourable Mr Justice N. Sathish Kumar4 pages

O.P.No.478 of 2023 N.SATHISH KUMAR, J.

This Petition has been filed under Section 372 of the Indian Succession Act read with Order XXV Rule 6 of the Madras High Court Original Side Rules, to grant succession certificate in favour of the petitioners.

2.Heard the learned counsel for the petitioners.

3. It is the case of the petitioners that the petitioners are the daughters of the deceased Edgar Joseph. The petitioners are the legal heirs of the deceased Edgar Joseph. The parents and wife of the deceased predeceased him. The deceased Edgar Joseph died intestate and though due and diligent search has been made for a Will, none has been found in respect of the debts mentioned in the schedule. The deceased left the amount specified in the Schedule, within the jurisdiction of this Court. The succession certificate is required for the value of Rs.43,64,024.50. Hence, the petitioners have 1/4

approached this Court for grant of succession certificate in favour of the petitioners with power to collect the debts as specified in the schedule.

4. The second petitioner was examined as P.W.1 and marked Exs.P1 to Ex.P.10.

5. P.W.1 in her evidence had narrated the averments made in the petition stating that the petitioners have filed this petition for grant of Succession Certificate in favour of the petitioners. Ex.P.7 is the computer generated death certificate of Edgar Joseph. Ex.P.7 has been filed to show that the deceased Edgar Joseph died on 01.01.2002. Ex.P.8 is the legal heirship certificate of the deceased Edgar Joseph. Ex.P.8 has been filed to show that the petitioners are the legal heirs of the deceased Edgar Joseph. Ex.P.1 to Ex.P.6 have been filed to show the assets of the deceased Edgar Joseph. Despite Ex.P.9 and Ex.P.10 paper publications, none objected and the same is recorded.

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6. Considering the averments made in the petition and the documents filed by the petitioners, I am satisfied that the petitioners has succeeded the Estate of the deceased Edgar Joseph. Therefore, the petition is ordered as prayed for and a direction for grant of Succession Certificate in favour of the petitioners with power to collect and to receive deposit specified in the schedule together with interest as applicable till the date of withdrawal, is issued.

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N.SATHISH KUMAR, J.

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