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Madras High CourtOP/510/2024ordered

K.Radha v. No Respondent

2025-02-25Honourable Mr Justice K.Kumaresh Babu5 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 25.02.2025

CORAM:

THE HONOURABLE MR JUSTICE K.KUMARESH BABU

1. K.Radha Dio. Late K.R.Krishnan, 201. New Block, Shanti Colony, G.A.Road, Washermenpet, Chennai 600 021.

Petitioner(s) Vs

1. No Respondent NIL Respondent(s) PRAYER:

to Grant a Succession Certificate to the petitioner with power to collect the debts and receive the interest accumulated thereon if any, specified in the Schedule hereto, (Net Amount of Rs.5,40,000/-) Suc Duty of Rs. 16,200/- paid D.No.26956/24 dated 24.07.2024.

For Petitioner(s) M/s. Suresh N.Sivakumar Praveen Kumar D.

Aos Filed Dno: 42388, dt:05/11/2024

ORDER

The petitioner seeks Succession Certificate in respect of the securities 1/5

held by Late K.Saraswathi, who died intestate on 28.05.2018 as spinster. The petitioner is the elder sister of the deceased late K.Saraswathi. The parents of the deceased predeceased her. The petitioner is the only surviving legal heir of the deceased K.Saraswathi.

2. The petitioner has examined herself as PW1. She has produced the death certificates of the late K.Saraswathi and her parents as Ex.P1, Ex.P3 and Ex.P5. The legal heir certificate of the deceased as Ex.P2. The photocopy of the Aadhar card of the petitioner as Ex.P6. A perusal of Ex.P2, it shows that the petitioner is the only surviving legal heir of the deceased K.Saraswathi. 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 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 petitioner, with the power 2/5

to collect the securities and receive the interest and dividends mentioned in the schedule to the petition.

25-02-2025 To 1.No Respondent NIL Index: Yes/No Speaking/Non-speaking order Internet: Yes Petitioner's Witness:

PW.1 - Ms.K.Radha Documents exhibited by the petitioner:

Exhibits Documents Ex.P1 Computer generated death certificate of Ms.K.Saraswathi. Ex.P2 Computer generated legal heir ship certificate of Ms.K.Saraswathi.

Ex.P3 Computer generated death certificate of Mrs.K.S.Bagyalakshmi Ex.P4 Photocopy of the Postal Life Insurance bearing No.TN554561-CS standing in the name of Ms.K.Saraswathi (Compared with the original) Ex.P5 Photocopy of the death certificate of Mr.K.R.Krishnan (Compared with the original) Ex.P6 Photocopy of Petitioner's Aadhaar Card (Compared with the original) 3/5

Exhibits Documents Ex.P7 Copy of the paper publication effected in one issue of Tamil Daily "Makkal Kural" dated 25.10.2024.

Ex.P8 Certificate under Section 65 B of the Indian Evidence Act, 1872.

Dn 25.02.2025 4/5

K.KUMARESH BABU, J.

dn 25.02.2025 5/5