V.S.David Premkumar And 2 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 petitioners.

2. Heard the learned counsel for the petitioners.

3. It is the case of the petitioners that the first and third petitioners are the sons and the second petitioner is the daughter of the deceased S.Mary Selvarani. The said S.Mary Selvarani died intestate on 25.11.2020. The husband of the deceased also predeceased her on 02.08.2019. The petitioners are Class I legal heirs of the deceased. The deceased S.Mary Selvarani died intestate and 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 petitioners are the surviving legal heirs of the deceased and 1/4

there is no other person to be impleaded in this petition. The deceased left the amount specified in the Schedule, within the jurisdiction of this Court. The debts in respect of which succession certificate is required for the value of Rs.5,78,741/-. Hence, the petitioners have approached this Court for grant of succession certificate in their favour 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.6.

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 their favour. Ex.P.1 is the computer generated death certificate of the mother of the deceased. Ex.P.1 has been filed to show that the deceased S.Mary Selvarani died on 25.11.2020. Ex.P.2 is the computer generated legal heir certificate of the deceased S.Mary Selvarani. Ex.P.2 shows that the petitioners are the legal heirs of the deceased S.Mary Selvarani. Ex.P.4 is the computer generated death certificate of the husband 2/4

of the deceased, viz., J.Victor Solomon. Ex.P.4 shows that the husband of the deceased died on 02.08.2019. Ex.P.3 is copy of the passbook of the deceased S.Mary Selvarani. Ex.P.6 is the 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 debts of the deceased S.Mary Selvarani. Therefore, the petition is ordered as prayed for and a direction for grant of Succession Certificate in favour of the petitioners with power to collect and to receive deposit specified in the schedule together with interest as applicable till the date of withdrawal, is issued.

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N.SATHISH KUMAR, J.

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