K.L.Ilavarasi And 4 Others v. No Respondent
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 02.06.2023
CORAM
THE HONOURABLE MR.JUSTICE K.KUMARESH BABU 1.K.L.Ilavarasi 2.C.Malavizhi 3.M.Baskaran 4.B.Aishwarya 5.B.Harikumaran ... Petitioners PRAYER: Original Petition filed for Succession Certificate under Section 372 of the Indian Succession Act, 1925 and under Order XXV Rule 6 of Original Side Rules, prays that a Succession Certificate may be granted to the petitioners with power to collect the debts and to receive the interest and dividends on and negotiate and transfer the securities specified in the schedule hereto.
For Petitioners : Mr.T.Sundaravadanam
ORDER
The petitioners seek Succession Certificate in respect of the debts held by Dr.A.N. Kalanitthi, who died intestate on 18.09.2020. The first and second petitioners are the daughters of the deceased. The third to fifth petitioners are the legal heirs of the pre-deceased daughter B.Kanimozhi, who are also the son-in law and grandchildren of the deceased.
2. The first petitioner has been examined as P.W.1. She has produced the death certificates of the deceased Dr.A.N.Kalanitthi and B.Kanimozhi, 1/5
which have been marked as Exs.P15 and P11. The legal heirship certificates of the deceased Dr.A.N.Kalanitthi and B.Kanimozhi, were marked as Exs.P16 and P12. A perusal of Exs.P16, shows that the first and second petitioners are the Class I legal heirs, of the deceased Dr.A.N.Kalanitthi, and a perusal of Ex.P12 shows that the third to fifth petitioners are the only Class-I legal heir of the deceased daughter B.Kanimozhi. It is pertinent to note that an O.P.No.585 of 2022, is filed by the petitioners herein for grant of succession certificate for the debts held by their deceased mother and grandmother namely, Hemamalini Kalanitthi, and the same is also granted accordingly. A paper publication has been made and any objections have not been received.
3. In view of the above said facts and evidence, the Original Petition is allowed by granting Succession Certificate in favour of the petitioners in respect of the debts mentioned in the schedule to the petition. pbn Index :Yes/No Internet: Yes/ No Petitioners' witness:
P.W.1 - Mrs.K.L.Ilavarasi Documents exhibited by the petitioners:
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Exhibits Documents Ex.P1 Photocopy of Aadhar card of B.Kanimozhi Ex.P2 Photocopy of Aadhar card of K.Hemamalini Ex.P3 Photocopy of Aadhar card of An.Kalanitthi Ex.P4 Photocopy of the first petitioner's bank passbook in Union Bank of India, Anna Nagar Branch Ex.P5 Photocopy of Aadhar card of second petitioner Ex.P6 Photocopy of Aadhar card of third petitioner Ex.P7 Photocopy of Aadhar card of fourth petitioner Ex.P8 Photocopy of Aadhar card of fifth petitioner Ex.P9 E-mail communication sent by Aswin Kumar to KHM Hospital in respect of shares held by A.Kalanidhi in Hindustan Uniliver. Ex.P10 Photocopy of Bonus Debenture certificate held by A.Kalanidhi Agasthiappan in Hindustan Lever Ltd.
Ex.P11 Computer generated death certificate of B.Kanimozhi Ex.P12 Computer generated legal heirship certificate of B.Kanimozhi Ex.P13 Photocopy of post office savings bank passbook held by A.N.Kalanitthi at Anna Nagar Post Office Ex.P14 Computer generated death certificate of Hemamalini Kalanitthi Ex.P15 Computer generated death certificate of Dr.A.N.Kalanitthi Ex.P16 Computer generated legal heirship certificate of Dr.A.N.Kalanitthi Ex.P17 Online printout of account statement in dated 31.10.2020 in respect of Demat account held by Agasthiappan Kalanidhi issued by CSDL.
Ex.P18 Computer generated legal heirship certificate of Hemamalini Kalanitthi Ex.P19 Photocopy of registration certificate of KHM Hospital Ex.P20 Affidavit filed the first petitioner under Section 65B of the Indian Evidence Act Ex.P21 Copy of paper publication effected in one issue of Tamil daily 3/5
Exhibits Documents "Dina Kural", dated 17.11.2022.
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K.KUMARESH BABU,J.
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