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Madras High CourtOP/592/2023ordered

M.Ramanathan And Another v. No Respondent

2024-03-27Honourable Mr Justice N. Sathish Kumar4 pages

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 sons of the deceased Lakshmi. The said Lakshmi died on 07.11.2022. The father of the petitioners Murugappan predeceased her. The petitioners are the class I legal heirs of the deceased Lakshmi. The deceased 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. There is no other person to be impleaded in this petition. The deceased left the amount specified in the Schedule, within the jurisdiction of this Court. The debts in respect of which 1/4

succession certificate is required for the value of Rs.49,50,000/-. Hence, the petitioners have approached this Court for grant of succession certificate in their favour with power to collect the debts and securities as specified in the schedule.

4. The first petitioner was examined as P.W.1 and marked Exs.P1 to Ex.P.7.

5. P.W.1 in his evidence had narrated the averments made in the petition stating that the petitioners have filed this petition for grant of Succession Certificate in their favour. Ex.P.2 is the copy of the computer generated death certificate of the father of the petitioners. Ex.P.2 shows that the father of the petitioners V.Murugappan died on 10.05.2012. Ex.P.3 is the computer generated death certificate of the deceased Lakshmi. Ex.P.3 has been filed to show that the deceased Lakshmi died on 07.11.2022. Ex.P.4 is the computer generated of legal heir certificate of the deceased Lakshmi. Ex.P.4 shows that the petitioners are the legal heirs of the deceased Lakshmi. Ex.P.1 is the letter sent by KF in Technologies Limited 2/4

asking for succession certificate from the competent court. Ex.P.7 is the Paper publication and none objected for the same.

6. Considering the averments made in the petition and the documents filed by the petitioners, I am satisfied that the petitioners have succeeded the debts and securities of the deceased Lakshmi. 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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