A.Kavitha v. No Respondent

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 15.03.2023

CORAM

THE HONOURABLE MR.JUSTICE K.KUMARESH BABU A.Kavitha ... Petitioner PRAYER: Original Petition filed for Succession Certificate under Section 372 of Indian Succession Act, 1925 under Order XXV Rule 6 of Original Side Rules, prays that a Succession Certificate may be granted in favour of the first Petitioner with powers to collect the debts and to receive interest as specified in the schedule annexed hereto.

For Petitioners : Mr.N.Ramachandran

ORDER

The petitioner seek Succession Certificate in respect of the securities held by Yamunabai, who died intestate on 21.05.2022. The petitioner is the daughter in-law of late Yamunabai. The husband and son of Late Yamunabai, namely C.Subramaniam and S.Saravanan had predeceased her on 05.04.2012 and 10.04.2022 respectively.

2. The petitioner has been examined as P.W.1. She has produced the death certificate of the deceased Yamunabai, as Ex.P1, the death certificate of deceased C.Subramaniam and S.Saravanan, as ExsP2 and P3, and the legal heirship certificate of the deceased S.Saravanan, as Ex.P4. A perusal 1/4

of Ex.P4 shows that the petitioner is the only surviving legal heir of the S.Saravanan, and that Yamunabai mother of S.Saravanan has pre deceased him and there are no other surviving legal heirs. A paper publication has been made and no objections have been received. 3.In view of the above evidence, the Original Petition is allowed granting Succession Certificate in favour of the petitioner, in respect of the securities mentioned in the schedule to the petition. Index :Yes/No Petitioner's witness:

P.W.1 - Mr.A.Kavitha Documents exhibited by the petitioner:

Exhibits Documents Ex.P1 Computer generated death certificate of Mrs.Yamunabai Ex.P2 Computer generated death certificate of Mr.C.Subramaniam Ex.P3 Computer generated death certificate of Mr.S.Saravanan Ex.P4 Computer generated legal heirship certificate of Mr.S.Saravanan Ex.P5 Photocopy of the post office passbook bearing account No.3498188564 standing in the name of Mrs.Yamunabai at Vepery post Office 2/4

Exhibits Documents Ex.P6 Photocopy of the post office passbook bearing account No.0262665641 standing in the names of Mr.C.Subramaniam and Mrs.Yamunabai at Vepery Post Office Ex.P7 Photocopy of the petitioner's Aadhaar card Ex.P8 Copy of paper publication effected in one issue of Tamil daily "Makkal Kural" dated 08.12.2022.

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K.KUMARESH BABU,J.

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