Allowed

Varka Surendra Kumar Varyani Alias Geetha v. No Respondent

Madras HC13 Dec 2021OP/827/2019

Case brief

AI extract

What is this about?

The High Court allowed the original petition for a succession certificate. The petitioners, sisters of the deceased bachelor Haresh.M, established he died as a bachelor with no surviving parents. Evidence including death certificates, bank receipts, and insurance policies proved the estate's status with no prior applications for probate.

What did the court decide?

Succession certificate in favour of the petitioners as prayed.

Varka Surendra Kumar Varyani Alias Geetha Vs No… — Succession and Inheritance | Madras HC (2021)

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OP No.827 of 2019

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OP No.827 of 2019

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ABDUL QUDDHOSE, J.

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This Original petition has been filed for Succession Certificate.

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The petitioners are the sisters of the deceased Haresh.M, who

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died on 13.04.2019, leaving behind certain securities / debts, which are morefully described in the schedule to the petition. The deceased Haresh.M, died as a bachelor, leaving behind the petitioners, who are the sisters, as his only legal heirs.

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Before the learned Master, the first petitioner, viz., Varkha

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Surendra Kumar Varyani @ Geetha, was examined as a witness (P.W.1) and she has deposed on behalf of the other petitioner also. She has reiterated the contents of the petition filed in support of O.P.No.827 of 2019 in his deposition. Before the learned Master, the following

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documents were marked as Exhibits on the side of P.W.1.

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*Exhibits*	*Nature of the document*
Ex.P-1	Computer generated death certificate of M.Haresh, who died on 13.04.2019.
Ex.P-2	Photocopy of the savings account bank passbook bearing account No.10202970974 standing in the name of

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https://www.mhc.tn.gov.in/judis

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OP No.827 of 2019

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*Exhibits*	*Nature* Mr.M.Haresh	*of the document*
Ex.P-3	Photocopy of the death ce on 12.11.2003.	rtificate of T.Mohandas, who died
Ex.P-4	Photocopy of the death died on 18.04.1996.	certificate of M.Bhagwanthi, who
Ex.P-5	Photocopy of the Le 02.01.2004 in respect of T	gal Heirship certificate dated .Mohandas.
Ex.P-6	Photocopy of the passp No.N5086895	ort of the 1st petitioner bearing
Ex.P-7	Photocopy of the passp No.L1509588.	ort of the 2^ndpetitioner bearing
Ex.P-8	Photocopy of the fixed No.043012100007571/1 Mr.M.Haresh.	deposit receipt bearing account standing in the name of
Ex.P-9	Photocopy of the fixed No.0430121000075870/1 Mr.M.Haresh.	deposit receipt bearing account standing in the name of
Ex.P-10	Photocopy of the fixed No.123200050700179 Mr.M.Haresh.	deposit receipt bearing account standing in the name of
Ex.P-11	Photocopy of the fixed No.123200400902084 Mr.M.Haresh.	deposit receipt bearing account standing in the name of
Ex.P-12	Photocopy of the fixed No.123200400902083 Mr.M.Haresh.	deposit receipt bearing account standing in the name of
Ex.P-13	Photocopy of the fixed No.123200050900552 Mr.M.Haresh.	deposit receipt bearing account standing in the name of
Ex.P-14	Photocopy of the fixed No.123200050112853 Mr.M.Haresh.	deposit receipt bearing account standing in the name of
Ex.P-15	Photocopy of the fixed No.500707020115674 Mr.M.Haresh.	deposit receipt bearing account standing in the name of

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https://www.mhc.tn.gov.in/judis

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OP No.827 of 2019

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*Exhibits*	*Nature of the document*
Ex.P-16	Photocopy of the LIC Jeevan Surabhi Policy Bond bearing No.712519210 standing in the name of Haresh.
Ex.P-17	Photocopy of the LIC Jeevan Shree Policy Bond bearing No.713481471 standing in the name of Haresh.
Ex.P-18	Photocopy of the LIC Jeevan Surabhi Policy bond bearing No.714946065 standing in the name of Haresh.
Ex.P-19	Copy of paper publication effected in one issue of Tamil daily “Makkal Kural”dated 11.12.2019.

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As seen from the evidence available on record, it is clear that Haresh.M died on 13.04.2019, as seen from his death certificate, which has been marked as Ex.P1 and he died as a bachelor and the petitioners are his only legal heirs. The parents of the deceased Haresh.M also predeceased him. Ex.P4 is the photocopy of the death certificate of M.Bhagwanthi, the mother of the deceased, Haresh.M, who died on 18.04.1996. Ex.P5 is the photocopy of the legal heirship certificate dated 02.01.2004 for T.Mohandass, the father of the deceased Haresh.M, who died on 02.01.2004. Therefore, both the parents of the deceased Haresh.M pre-deceased him. The details of the securities/debts/bank accounts/insurance policies, standing in the name of Haresh.M, morefully described in the schedule to the petition, have been proved through Exs.P7 to P18. The petitioners have also effected paper publication in

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https://www.mhc.tn.gov.in/judis

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OP No.827 of 2019

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one issue of Tamil daily “Makkal Kural” dated 11.12.2019 with regard to the petition filed by them before this Court seeking for grant of Succession Certificate, which has been marked as Ex.P9.

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An averment has also been made in the petition that no application has been made to the District Court or delegate or to any High Court for Probate of any Will of the deceased or Letters of Administration with or without the Will annexed to his properties and credits. No application for Succession Certificate in respect of any debts or security belonging to the estate of the deceased has been made to any District Court or delegate or to any High Court.

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After perusing and examining the pleadings, evidence and materials available on record, this Court is inclined to grant the succession certificate in favour of the petitioners as prayed for in O.P No.827 of 2019. Accordingly, this Original Petition is allowed.

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13.12.2021

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srn

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https://www.mhc.tn.gov.in/judis

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OP No.827 of 2019

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ABDUL QUDDHOSE, J.

srn

OP No.827 of 2019

13.12.2021

https://www.mhc.tn.gov.in/judis

Varka Surendra Kumar Varyani Alias Geetha v. No Respondent

Case brief

What is this about?

What did the court decide?

Varka Surendra Kumar Varyani Alias Geetha v. No Respondent

Case brief

What is this about?

What did the court decide?

What the court decided

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