Madras High CourtOP/689/2017allowed

Certain Debts Of v. Amul Priya

2019-03-26Honourable Mr Justice R. Subramanian2 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

(TESTAMENTARY AND INTESTATE JURISDICTION) TUESDAY, THE 26TH DAY OF MARCH 2019 THE HON'BLE MR.JUSTICE R.SUBRAMANIAN O.P.No.689 of 2017 In the matter of the Indian Succession Act XXXIX of 1925 And In the matter of Certain Debts belonging to K.Kondaiah- Deceasd intestate 1.Rosemary @ Setha, W/o .Late Kondaiah, No.29/33, Jaganathapuram, 6th Street, Chetpet, Chennai 600 0031 2.Santhakumar, S/o. Late Kondaiah, No.29/33, Jaganathapuram, 6th Street, Chetpet, Chennai 6000 031 ...Petitioners -vs1.Amul Priya, W/o. Suresh, D/o.Kondaiah, No.29/33, Jaganathapuram, 6th Street, Chetpet, Chennai 31 2.Santha Priya, W/o. Baskar, D/o. Kondaiah, No.29/33, Jaganathapuram, 6th Street, Chetpet, Chennai 600 031 ...Respondents Original Petition praying that this Hon'ble Court be pleased to grant a succession certificate to the petitioners with power to collect the debts and to receive the interest specified in the Schedule B in the Petitions. https://hcservices.ecourts.gov.in/hcservices/

This Original Petition coming on this day before this court for hearing the court made the following order: The petitioners who are the wife and son of the deceased K.Kondaiah have come forward with this original petition seeking issuance of Succession Certificate in respect of the securities left behind the deceased K.Kondaiah, who died on 17.09.2014.

2. The respondents are the daughters through the 1st wife of the deceased K.Kondaiah. The 1st petitioner has been examined as PW1. She has produced the death certificate of K.Kondaiah which was marked as Ex.P3 and the death certificate of the 1st petitioner's elder sister was marked as Ex.P1. Parties have entered in to memo of compromise in and by which the 1st petitioner has agreed to pay a sum of Rs.4,50,000/- to the 1st and 2nd respondents from and out of the estate of the deceased K.Kondaiah.

3. In view of the same, this Original Petition is allowed granting Succession Certificate in favour of the 1st petitioner namely Rosemary @ Setha in respect of the securities mentioned in the schedule to the petition. As per the compromise arrived and the 1st petitioner shall pay a sum of Rs.4,50,000/- from and out of the estate of the deceased K.Kondaiah to the respondents 1 and 2.

sd/-R.S.M.J 26.03.2019 //Certified to be a true copy// Dated this the day of 2019.

R.s/29.04.2019 COURT OFFICER From 25.09.2008 the Registry is issuing certified copies of the Order/Judgment Decree in this format.

https://hcservices.ecourts.gov.in/hcservices/