Allowed

Debts of Soundar Rajan Ravi v. Seetha Rajan

Madras HC9 Dec 2014OP/562/2014

Case brief

AI extract

What is this about?

The petitioner, the widow of the deceased, filed a petition under Section 372 of the Indian Succession Act, 1925, seeking a succession certificate to collect debts and interest. The court found the petitioner succeeded to the estate as the deceased died intestate, and the order was passed accordingly.

What did the court decide?

Succession Certificate granted to the petitioner with power to collect debts and receive interest.

Debts of Soundar Rajan Ravi Vs Seetha Rajan — Succession and Inheritance | Madras HC (2014)

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O.P.No.562 of 2014

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R.SUBBIAH, J

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This Petition has been filed under Section 372 of the Indian Succession Act, 1925 read with Order XXV Rule 6 of the High Court Original Side Rules to grant succession certificate in favour of the petitioner.

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The petitioner is the wife of the deceased Soundar Rajan Ravi and he died intestate leaving behind his wife, the petitioner herein and his mother, the respondent herein. The deceased had no children. The petitioner as the widow of the deceased Soundar Rajan Ravi claims to be entitled to one-half of his estate and the other half share would go to the respondent. However, the respondent is willing to give up her share and is prepared to file an affidavit of consent in this matter in favour of the petitioner. The Succession Certificate is required for the purpose of claiming the arrears of pension, family pension and other accruals in respect of the debts. Hence, the petitioner has filed the present petition for grant of succession certificate in her favour with the power to collect the debts and to

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receive interest specified in the schedule and the further accruals

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thereon.

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The petitioner examined herself as P.W.1 and marked

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Exs.P.1 to P.5 viz.,

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Ex.P.1 : The computer generated death certificate of Soundar Rajan Ravi, who died on 9.11.2012.

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Ex.P.2 : The photo copy of the legal heirship certificate dated 18.12.2012 in respect of deceased Soundar Rajan Ravi.

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Ex.P.3 : The photocopy of the letter dated 27.5.2013 from the office of the Deputy Controller of Defence Accounts (Air Force) New Delhi regarding pension and terminal benefits of deceased Soundar Rajan Ravi.

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Ex.P.4 : The Consent affidavit given by the respondent stating that she has no objection in grant of succession certificate in favour of the petitioner.

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Ex.P.5 : Copy of the paper publication effected in one issue of Tamil daily Makkal Kural dated 18.10.2014.

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She has further stated in her evidence that she has not filed any other

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petition before any other Court seeking the same relief.

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Considering the averments made in the petition and the

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documents filed by the petitioner, I am satisfied that the petitioner has succeeded the Estate of the deceased Soundar Rajan Ravi. Therefore,

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the petition is ordered as prayed for and a direction for grant of Succession Certificate to the petitioner with the power to collect the debts and to receive interest specified in the schedule and the further accruals thereon, is issued. She is directed to render account once in

a year.

09.12.2014

sbi

R.SUBBIAH, J

O.P.No.562 of 2014

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DATED: 9.12.2014

Debts of Soundar Rajan Ravi v. Seetha Rajan

Case brief

What is this about?

What did the court decide?

Debts of Soundar Rajan Ravi v. Seetha Rajan

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

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