Mr.S.Baby Lakshmi And 2 Others v. No Respondent
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 01.04.2025
CORAM
THE HONOURABLE MR.JUSTICE K.KUMARESH BABU 1.Mrs.S.Baby Lakshmi 2.Mr.S.Joel Pugazhendi 3.Ms.S.Priscilla Poongodi
...Petitioners
PRAYER: Original Petition filed under Section 372 of the Indian Succession Act 1925 read with Order XXV Rule 6 of O.S.Rules, prays that a Succession Certificate may be granted to the 1st petitioner herein with power to collect the debts/arrears of family pension, specified in the schedule hereto, with further arrears if any on the day of realization. For Petitioners : Mr.S.R.R.Raaghhavan
ORDER
The petitioners seek Succession Certificate in favour of the first petitioner in respect of the securities held by Late.Mr.B.Subramani, who died intestate on 21.05.2021. The first petitioner is the wife of the testator whereas the second and third petitioners are the children of the testator.
2. The first petitioner has been examined as PW1. She has produced the photocopy of death certificate of the deceased Late.Mr.B.Subramani as 1/4
Ex.P3. The legal heirship certificate of the deceased has been marked as Ex.P6. The photocopy of the aadhaar card of the first petitioner has been marked as Ex.P7. A perusal of Ex.P6 shows that the petitioners are the legal heirs of the deceased. The second and third petitioners have filed their consent affidavits. A paper publication has been made and no objections have been received.
3. The assertions in the petition have been duly proved by adducing oral evidence supported by documents. In these circumstances, the first petitioner is entitled to the relief.
4. In view of the above evidence, the Original Petition is allowed granting Succession Certificate in favour of the first petitioner, with the power to collect the securities and receive the interest and dividends mentioned in the schedule to the petition.
Index:Yes/No Petitioner's witness:
P.W.1 - Mrs.Baby Lakshmi 2/4
Documents exhibited by the petitioners:
Exhibits Documents Ex.P1 Photocopy of the Pension Payment Order of the Deceased Shri.B.Subramani.
Ex.P2 Photocopy of the Voluntary Retirement Proof of the Deceased Shri.B.Subramani.
Ex.P3 Photocopy of the Death Certificate of Shri.B.Subramani dated 01.06.2021. (Compared with original) Ex.P4 Photocopy of the Aadhaar Card of the Deceased Shri.B.Subramani.
Ex.P5 Photocopy of the Ration Card of the Deceased Shri.B.Subramani. (Compared with original) Ex.P6 Photocopy of the Legalheir Certificate of the Deceased Shri.B.Subramani.
Ex.P7 Photocopy of the Aadhaar Card of the 1st petitioner. (Compared with original) Ex.P8 Photocopy of the Aadhar Card of the 2nd petitioner (Compared with original) Ex.P9 Photocopy of the Aadhaar Card of the 3rd petitioner.(Compared with original) Ex.P10 Photocopy of the Requisition Letter from the 1st petitioner to the Post Master, Tambaram dated 23.06.2021.
Ex.P11 Photocopy of the Reply/Intimation from the Post Master, Tambaram regarding grant of Family Pension.
Ex.P12 Photocopy of the Intimation from the Superintendent of RMS 'M' Division for grant of family pension to the first petitioner dated 28.04.2022.
K.KUMARESH BABU, J.
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