Certain Debts Of M.P.Narayana v. N.Kuchala Surendranath
IN THE HIGH COURT OF JUDICATURE AT MADRAS
(TESTAMENTARY AND INTESTATE JURISDICTION) WEDNESDAY, THE 17TH DAY OF JULY 2019 THE HON'BLE MR.JUSTICE R.SUBRAMANIAN O.P.No.741 of 2017 In the matter of Indian Succession Act, XXXIX of and In the matter of certain debts of M.P.Narayana Babu and N.Vitobabu - deceased intestate MrN.Ashokumar, M 51/yrs, S/o.Thiru.M.P.Narayanababu, 55/29, Coral Merchant Street, Mannadi, Chennai-600 001 ..Petitioner -Vs1.N.Kuchala Surendranath, F/58 yrs, W/o.Thiru.Surendranath, No.9, 9th Main, 3rd Cross, Jayaram Reddy Garden, Banaswadi, Bangalor-560 043.
2.N.Govindaraj, M/53 Yrs, S/o.Thiru.M.P.Narayanababu, No.11/101, Devaraj - Nagar, 3rd Main road, Sholinganallur,Çhennai-600 119 3.J.Jamuna, F/52 yrs, W/o.Late Thiru.N.Jayakumar,
4. J.Vijay Raghavendra, M/32 yrs, S/o.Late Thiru.N.Jayakumar
5. S.D.Priya Darshini, F/29 yrs, W/o.Thiru.Ramamurthy, All are residing at:
12-2-826 A/41-LIC Colony, Mehdipatnam, Hyderabad-500028.
..Respondents No.1 to 5
Original Petition praying that this Hon'ble Court be pleased to grant a Succession Certificate to the Petitioner with power to collect the debts and to receive the interest mentioned in the schedule in the petition.
This Original Petition coming on this day before this court for hearing the court made the following order: The petitioner seeks issuance of succession certificate in respect of the securities that stood in the name of the deceased M.P.Narayana Babu and Mrs.N.Vitobabu.
2. The petitioner is the son of the said M.P.Narayana Babu and N.Vitobabu. The first respondent is the sister, the second respondent is the brother and the third respondent is the wife of the predeceased brother of the petitioner. The fourth respondent is the son of the predeceased brother. The fifth respondent is the daughter of the predeceased brother. The petitioner has examined himself as P.W.1, he has produced the death certificates of M.P.Narayana Babu and Mrs.Vitobabu as Exs.P5 and P6 respectively. The legal heirship certificate has been produced as Ex.P7. A perusal of the Ex.P7 shows that the petitioner and respondents are the legal heirs of the deceased M.N.Narayana Babu and Vitobabu. The petitioner has produced the copy of the consent letter given by the respondents expressing their no objection for grant of succession certificate in favour of the petitioner and the
same has been marked as Ex.P8 after comparison with the original. Paper publication as required has been made and no objections have been received.
3. In view of the above evidence, I conclude that the petitioner is entitled to succession certificate in respect of the securities mentioned in the schedule to the petition that stood in the name of the deceased M.N.Narayana Babu and Vitobabu. In fine, this original petition is allowed granting succession certificate in respect of the securities mentioned in the schedule to the petition in favour of the petitioner.
Sd/.R.S.M.J 17.07.2019 //Certified to be a true copy// Dated this the day of 2019.
SU/24/07/2019 COURT OFFICER From 25.09.2008 the Registry is issuing certified copies of the Order/Judgment Decree in this format.