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Madras High CourtOP/813/2023allowed

Dr.Suchitra Ravishankar v. No Respondent

2024-02-29Honourable Mr Justice N. Sathish Kumar4 pages

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 petitioner. 2.Heard the learned counsel for the petitioner.

3. It is the case of the petitioner that the petitioner is the daughter of the deceased V.K.Sitaraman. The deceased V.K.Sitaraman died intestate on 21.06.2023. The wife of the deceased Lalitha Sitaraman predeceased him on 21.05.2010. The petitioner is the Class I legal heir of the deceased. The deceased V.K.Sitaraman died intestate and though due and diligent search has been made for a Will, none has been found in respect of the securities mentioned in the schedule. There is no other person to be impleaded in this petition. The deceased left the amount specified in the Schedule, within the 1/4

jurisdiction of this Court. The debts in respect of which succession certificate is required for the value of Rs.22,89,536.70/-. Hence, the petitioner has approached this Court for grant of succession certificate in his favour with power to collect the debts as specified in the schedule.

4. The petitioner was examined as P.W.1 and marked Exs.P1 to Ex.P.6.

5. P.W.1 in her evidence had narrated the averments made in the petition stating that the petitioner has filed this petition for grant of Succession Certificate in her favour. Ex.P.3 is the computer generated death certificate of the wife of the deceased Lalitha Sitaraman. Ex.P.3 shows that the wife of the deceased died on 21.05.2010. Ex.P.3 is the Legal Heirship Certificate of Mrs.Lalitha Sitaraman. Ex.P.3 shows that the petitioner, the deceased V.K.Sitaraman are the legal heirs of the deceased Lalitha Sitaraman. Ex.P.4 is the computer generated death certificate of the deceased V.K.Sitaraman. Ex.P.4 has been filed to show that the deceased died on 21.06.2023. Ex.P.2 is the legal heir certificate of the deceased 2/4

V.K.Sitaraman. Ex.P.2 shows that the petitioner is the surviving legal heir of the deceased V.K.Sitaraman. Ex.P.1 is the Pass Bookof the deceased V.K.Sitaraman. 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 petitioner, I am satisfied that the petitioner has succeeded the debts of the deceased V.K.Sitaraman. Therefore, the petition is ordered as prayed for and a direction for grant of Succession Certificate in favour of the petitioner with power to collect the debts and to receive the accrued interest thereof specified in the schedule hereto together with interest as applicable till the date of withdrawal, is issued.

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N.SATHISH KUMAR, J.

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