B.Kokila And 2 Others v. No Respondent
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 19.04.2023
CORAM
THE HONOURABLE MR.JUSTICE K.KUMARESH BABU 1.B.Kolila 2.B.Vinoth 3.B.Dilip ... Petitioners 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/ wife of deceased Balaramudu with powers to collect the debts and to receive the interest as specified in the schedule annexed hereto. For Petitioners : Mr.K.S.Senthil
ORDER
The petitioners seeks Succession Certificate in respect of the debts held by Balaramudu, who died intestate on 07.09.2020. The deceased has married one Nagammal, and she died on 30.10.1981, and out of the wedlock they had no issues. The first petitioner is the wife out of the second marriage and second and third petitioners are the sons of the deceased Balaramudu.
2. The first petitioner has been examined as P.W.1. She has produced the death certificates of the deceased Balaramudu and Nagammal, as Exs.P2 1/4
and P1. The legal heirship certificate of the deceased Balaramudu, has been produced as Ex.P9. A perusal of Ex.P9 shows that the petitioners are the only Class-I legal heirs of the deceased Balaramudu. A paper publication has been made and any objections have not been received. 3.In view of the above evidence, the Original Petition is allowed by granting Succession Certificate in favour of the first petitioner, in respect of the debts mentioned in the schedule to the petition. 19.04.2023 Index :Yes/No Speaking: Yes/ No Petitioner's witness:
P.W.1 - Mrs.B.Kokila Documents exhibited by the petitioners:
Exhibits Documents Ex.P1 Computer generated death certificate of Nagammal Ex.P2 Computer generated death certificate of K.Balaramudu Ex.P3 Photocopy of the pension payment order of Balaramudu in Corporation of Chennai 2/4
Exhibits Documents Ex.P4 Photocopy of the identity card of Balaramudu issued by Chennai Corporation Ex.P5 Photocopy of the pass book in Indian Overseas Bank, Choolai Branch held by K.Balaramudu Ex.P6 Photocopy of the pass book in Indian Bank, Purasaiwalkam Branch held by the 1st petitioner Ex.P7 Photocopy of the family card for the period of 2005-2009 of Balaramudu EX.P8 Photocopy of the 1st petitioner's smart card issued by the Government of Tamil Nadu Ex.P9 Computer generated Legal heirship certificate of K.Balaramudu Ex.P10 Photocopy of the Aadhaar card of Balaramudu Ex.P11 Photocopy of the 1st petitioner's Aadhar card Ex.P12 Photocopy of the Aadhaar card of 2nd petitioner E.P13 Photocopy of the Aadhaar card of 3rd petitioner Ex.P14 Copy of paper publication effected in one issue of Tamil daily "Makkal Kural' dated 10.02.2023 19.042023 3/4
K.KUMARESH BABU,J.
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