Saranya Jayakumar And 4 Others v. No Respondent

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 fifth petitioner.

2.Heard the learned counsel for the petitioners.

3. It is the case of the petitioners that the deceased Palainur Balakrishnan Jayakumar @ Jayakumar P.B. is the husband of the first petitioner and the petitioners 2 to 4 are his sons and the fifth petitioner is his daughter. The said Palainur Balakrishnan Jayakumar @ Jayakumar P.B. died on 30.04.2021. The petitioners are the legal heirs of the deceased Palainur Balakrishnan Jayakumar @ Jayakumar P.B.. The deceased Palainur Balakrishnan Jayakumar @ Jayakumar P.B. died intestate and 1/4

though due and diligent search has been made for a Will, none has been found in respect of the debts mentioned in the schedule. The deceased left the amount specified in the Schedule, within the jurisdiction of this Court. The securities in respect of which succession certificate is required for the value of Rs.1,18,80,000/-. The other petitioners have given consent affidavits for grant of succession certificate in favour of the fifth petitioner. Hence, the petitioners have approached this Court for grant of succession certificate in favour of the fifth petitioner with power to collect the debts as specified in the schedule.

4. The fifth petitioner was examined as P.W.1 and marked Exs.P1 to Ex.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 fifth petitioner. Ex.P.1 is the computer generated death certificate of the deceased of Palainur Balakrishnan Jayakumar @ Jayakumar P.B.. Ex.P.1 has been filed to show 2/4

that the deceased Palainur Balakrishnan Jayakumar @ Jayakumar P.B. died on 30.04.2021. Ex.P.2 is the computer generated legal heir certificate of the deceased Palainur Balakrishnan Jayakumar @ Jayakumar P.B.. Ex.P.2 has been filed to prove that the petitioners are legal heirs of the deceased. Ex.P.4 has been filed to prove the assets of the deceased Palainur Balakrishnan Jayakumar @ Jayakumar P.B.. Ex.P.5 is 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 Estate of the deceased Palainur Balakrishnan Jayakumar @ Jayakumar P.B.. Therefore, the petition is ordered as prayed for and a direction for grant of Succession Certificate in favour of the fifth petitioner with power to collect and to receive deposit specified in the schedule together with interest as applicable till the date of withdrawal, is issued. 27.11.2023 vrc 3/4

N.SATHISH KUMAR, J.

vrc 27.11.2023 4/4