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Madras High CourtOP/573/2022ordered

Narasimhan Raghavan And Another v. No Respondent

2023-10-30Honourable Mr Justice N. Sathish Kumar4 pages

N.SATHISH KUMAR, J.

This Original Petition has been filed under Section 372 of the Indian Succession Act, 1925 read with Order XXV Rule 6 of the Madras High Court Original Side Rules, to grant succession certificate in favour of the first petitioner with power to collect the debts and to receive interest specified in the schedule.

2. Heard the learned counsel for the petitioners. 3.The first and second petitioners are the brothers of the deceased Mr.Rangarajan Raghavan alias Rengarajan Raghavan, who died intestate on 16.02.2022. The wife of the deceased pre-deceased him on 30.11.2019. They have no children. The sister of the deceased pre-deceased him on 01.04.2008. The second petitioner also died on 10.03.2023 leaving behind him the third and fourth petitioners as his legal heirs. Therefore, the petitioners, being Class - II legal heirs of the deceased, seek succession certificate in favour of the first petitioner.

4.For issuance of succession certificate in respect of the assets left by the deceased, first petitioner has examined himself as P.W.1 and marked Exs-P.1 to P.27.

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 favour of the first petitioner. To prove the death of the deceased, Ex-P.1 is marked. Ex-P.2 is the death certificate of Thanjamani, sister of the deceased; Ex-P.3 is the death certificate of the wife of the deceased; Exs-P.13 to P.18 are the deposit receipts standing in the names of the deceased and his wife; Exs-P.19 to P.24 are filed to show the assets left the deceased and his wife; Ex-P.26 is the consent affidavit given by the second petitioner while he was in sound state of mind; Ex-P.27 is the paper publication and none have objected for it.

6.Considering the averments made in the Original Petition and the documents filed by the petitioners, I am satisfied that the petitioners, being Class - II legal heirs, have succeeded the Estate of the deceased Mr.Rangarajan Raghavan alias Rengarajan Raghavan. Therefore, the Original

Petition is ordered as prayed for and a direction for grant of Succession Certificate in favour of the first petitioner with power to collect the debts and to receive interest specified in the schedule, is issued. 30.10.2023 TK

N.SATHISH KUMAR, J.

TK 30.10.2023