M.Bhavani And Another v. No Respondent

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 accrued till date specified in the schedule.

2.Heard the learned counsel for the petitioners. 3.The first petitioner is the wife of the deceased V.Mani and the second petitioner is the son of the deceased born through another lady Mrs.Valli. The said Mrs.Valli claiming herself to be the wife of the deceased V.Mani, obtained legal heir certificate. However, the first petitioner secured a legal heirship certificate showing herself and the second petitioner as his legal heirs. The deceased V.Mani died on 11.10.2021. Hence, the petitioners seeks succession certificate in favour of the first petitioner. 4.The first petitioner has examined herself as P.W.1 and marked Exs-P.1 to P.5.

5.P.W.1 in her 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. Ex-P.1 is the computer generated death certificate of the deceased Mr.V.Mani; Ex-P2 is the legal heir certificate of the deceased; Ex-P.3 is the birth certificate of the second petitioner; Ex-P.4 is filed to prove the assets left by the deceased; Ex-P.5 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 have succeeded the Estate of the deceased V.Mani.

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 accrued till date specified in the schedule and the share of the minor viz., second petitioner shall be kept in interest bearing deposit in any one of the nationalized banks till the minor attains majority, is issued. 22.12.

N.SATHISH KUMAR, J.

TK 22.12.2023