Gunasundari v. M.Siva Prakash
IN THE HIGH COURT OF JUDICATURE AT MADRAS
(TESTAMENTARY AND INTESTATE JURISDICTION) MONDAY, THE 24th DAY OF JUNE 2019 THE HON'BLE MR. JUSTICE R.SUBRAMANIAN O.P. No.935 of 2018 Petition for Succession Certificate in respect of certain belonging to the deceased M.Kuppusamy S/o.A.Muthu, Under Part X of the Indian Succession Act Gunasundari, W/o.Late Thangamani, No.30/20, A.J.Colony, 2nd Lane, Roaypauram, Chennai 600 013 ...Petitioner -vs1.M.Siva Prakash S/o.Late A.Muthu No.15, Pentilman Garden, 1st Street, Royapuram, Chennai 600 013 2.M.Sugumaran, S/o.Late A.Muthu, No.11, Gouse Moideen Pet, 3rd Lane, Royapuram, Chennai 600 013 ...Respondents Original Petition praying that this Honble Court be pleased that a Succession Certificate may be granted to the Petitioner with power to collect the debts and to receive the interest specified in the schedule hereto.
Schedule S.no Name of debtor Amount of debts including interest on date of application for certificate Description and date of instrument if any, by which the debts is secured.
Corporation of Chennai Approximately Rs.4,00,000/- Service benefits of Thiru.Late M.Kuppusamy, Gardener E.MP.No.741502 of service benefit, provident fund, gratuity, retirement benefits.
Life Insurance of India, Chennai Rs.25000/- Life Insurance Corporation of India Policy No.716749107 dated on 15.12.2001 This Original Petition coming on this day before this Court for hearing the court made the following oder: The petitioner seeks issuance of Succession Certificate in respect of the securities that stand in the name of her brother deceased M.Kuppusamy.
2. The respondents are the brothers of the said M.Kuppusamy. Though the respondents were served, they have not chosen to enter appearance to contest this petition.
3. The petitioner has examined herself as PW1. She has produced the death certificate of M.Kuppusamy as Ex.P4 which shows that M.Kuppusamy died on 27.05.2014. The death certificate of the father and mother of M.Kuppusamy have been filed as Ex.P5 and Ex.P6. The death certificate of one of the brothers of M.Kuppusamy late M.Karunakaran has been filed as Ex.P7. Ex.P10 is the legal heirship certificate of the mother of the deceased M.Kuppusamy. A perusal of Ex.P10 would show that the petitioner is the sister of the deceased M.Kuppusamy.
4. In view of the said evidence, the 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 24.06.2019 //Certified to be a true copy// Dated this the day of 2019.
R.s/27.06.2019 COURT OFFICER From 25.09.2008 the Registry is issuing certified copies of the Order/Judgment Decree in this format.