Debts of E.Munusamy Vs
Case brief
What is this about?
In O.P.No.210 of 2015, the Madras High Court, Coram K. Ravichandrababu, J., granted a succession certificate to the petitioners, father and son, relating to debts and service benefits of their deceased mother, E. Munusamy, who died intestate in 2012.
What did the court decide?
Grant of Succession Certificate in favour of the 1st petitioners with power to collect debts and receive interest specified in the schedule.
What the court decided
1
O.P.No.210 of 2015
K.RAVICHANDRABAABU, J.
This Petition has been filed under Section 372 of the Indian Succession Act 1925 read with Order XXV Rule 6 of the Madras High Court Original Side Rules, seeking for grant of succession certificate to the petitioners.
2.Heard the learned counsel appearing for the petitioners.
- It is the case of the petitioners that they are the brother and sister of the deceased E.Munusamy, respectively. The deceased E.Munusamy, died intestate on 09.02.2012 and he ordinarily resided at No.210, Jothiammal Nagar, IX Cross Street, T.P.Chathiram, Shenoy Nagar, Chennai-600 030 and he left debts specified in the schedule to the petition. The wife of the deceased Tmt.Rebacca died on 12.06.2005. The father and mother of the deceased E.Munusamy, died prior to the death of the deceased E.Munusamy. The deceased E.Munusamy and his wife, Rebacca had no issues. Though diligent search has been made for a Will, none has been found. The petitioners are Class-II legal heirs of the deceased and since the deceased E.Munusamy's father, mother and his wife predeceased, the petitioners are entitled to the
estate of the deceased E.Munusamy. The succession certificate is required for
2
the purpose of claiming the debts due and payable to E.Munusamy by his employer service benefits. The assets in respect of which the succession certificate is required are of the value of Rs.2,34,300/-.
Issues for consideration
3 issues framed by the court
Whether the petitioners are entitled to a succession certificate for the estate of the deceased E. Munusamy who died intestate.
Whether the petitioners have succeeded to the estate and are eligible to collect debts and receive interest.
Whether the grant of succession certificate for service benefits is maintainable in the circumstances.
Parties & counsel
- petitioner
K. Ravichandrababu
- petitioner
M. Muniammal
Coram
K. RAVICHANDRABAABU
Case details
As recorded by the court registry
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