R.Sridevi 3 Others v. Nil

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 31.03.2023

CORAM

THE HONOURABLE MR.JUSTICE K.KUMARESH BABU 1.R.Sridevi 2.R.Sabesan 3.R.Sivagamasundari 4.Minor R.Venkatramani ... 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 in favour of the petitioners with power to collect the debts and to receive the interest as morefully specified in the Schedule annexed hereto.

For Petitioner : Ms.Abitha Banu

ORDER

The petitioners seek Succession Certificate in respect of the debts held by late J.Ramanathan, who died intestate on 30.05.2021. The 1st petitioner is the wife, petitioners 2 and 3 are the son and daughter and 4th petitioner is the minor son represented by his natural guardian, (1st petitioner herein) of the deceased J.Ramanathan.

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2. The 1st petitioner has been examined as P.W.1. She has produced the death certificates of the deceased J.Ramanathan, as Ex.P1, and the legal heirship certificate of the deceased J.Ramanathan, as Ex.P2. A perusal of Exs.P2 shows that the petitioners are the only surviving Class-I legal heirs of the deceased J.Ramanathan. A paper publication has been made and objections have not been received.

3.In view of the above evidence, the Original Petition is allowed granting Succession Certificate in favour of the petitioners for the grant, in respect of the debts mentioned in the schedule to the petition. Index :Yes/No Speaking : Yes/ No Petitioners side witnesses:- P.W.1 - Mrs.R.Sridevi 2/4

Documents exhibited by the petitioners:

Exhibits Documents Ex.P1 Computer generated death certificate of Mr.J.Ramanathan Ex.P2 Computer generated legal heirship certificate of Mr.J.Ramanathan Ex.P3 Photocopy of the letter dated 18.10.2021 addressed to me by the State Bank of India, North Usman Road regarding the death claims of Mr.J.Ramanathan Ex.P4 Photocopy of SBI public provident fund account passbook bearing account No.74086982054 standing in the name of Mr.J.Ramanathan Ex.P5 Photocopy of the bank passbook of Tamil Nadu Mercantile Bank Limited standing in the name of Mr.R.Venkatramani Ex.P6 Copy of paper publication effected in one issue of Tamil daily "Makkal Kural" dated 13.08.2022 Ex.P7 Computer generated death certificate of Mrs.Alamelu 3/4

K.KUMARESH BABU,J.

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