← Library
Madras High CourtOP/519/2023ordered

K.Rajaram And 2 Others v. No Respondent

2023-11-29Honourable Mr Justice N. Sathish Kumar4 pages

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 first petitioner.

2.Heard the learned counsel for the petitioners.

3. It is the case of the petitioners that the first petitioner is the husband of the deceased Revathi Rajaram and the second and third petitioners are the son and daughter of the said Revathi Rajaram. The said Revathi Rajaram died on 01.03.2012. The petitioners are the Class I legal heirs of the deceased Revathi Rajaram. The deceased Revathi Rajaram died intestate and though due and diligent search has been made for a Will, none has been found in respect of the securities mentioned in the schedule. The 1/4

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.21,93,600/-. The second and third petitioners have no objection for grant of succession certificate in favour of the first petitioner. Hence, the petitioners have approached this Court for grant of succession certificate in favour of the first petitioner with power to collect the debts as specified in the schedule.

4. The first petitioner was examined as P.W.1 and marked Exs.P1 to Ex.P.7.

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 fist petitioner. Ex.P.1 is the computer generated death certificate of the deceased of Revathi Rajaram. Ex.P.1 has been filed to show that the deceased Revathi Rajaram died on 01.03.2012. Ex.P.2 is the copy of the legal heir certificate of the deceased Revathi Rajaram. Ex.P.2 has been filed to prove that the petitioners are 2/4

legal heirs of the deceased. Ex.P.6 has been filed to prove the assets of the deceased Revathi Rajaram. Ex.P.7 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 securities of the deceased Revathi Rajaram. Therefore, the petition is ordered as prayed for and a direction for grant of Succession Certificate in favour of the first 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.

29.11.2023 vrc 3/4

N.SATHISH KUMAR, J.

vrc 29.11.2023 4/4