This order disposed of an application to condone an 884-day delay in filing a petition to revoke a succession certificate. The court found the reasons sufficient for condonation and directed the registry to file the application for revocation.
Condonation of delay of 884 days in filing the application to revoke the succession certificate.
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IN THE HIGH COURT OF JUDICATURE AT MADRAS
(TESTAMENTARY AND INTESTATE JURISDICTION)
TUESDAY, THE 15TH DAY OF MARCH 2022
THE HON'BLE MR. JUSTICE P.VELMURUGAN
A.No.3640 of 2021 in O.P.No.1118 of 2018
In the matter of Indian Succession Act, XXXIX of 1925 and In the matter of Securities of Late R.Kapanipathi Rao, Deceased Intestate
3.MR.R.K.SHANKAR, S/O.LATE R.KAPANIPATHI RAO, OLD NO.11, NEW NO.16, 1ST CROSS STREET, INDIRA NAGAR, CHENNAI-600020.
4.MR.R.K.CHANDRASHEKAR, S/O.LATE R.KAPANIPATHI RAO, https://hcservices.ecourts.gov.in/hcservices/ NO.1124, 43RD CROSS, KUMARASWAMY LAYOUT, 1ST STAGE, BANGALORE-560078. ..Petitioners
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A.No.3640 of 2021:
Both residing at Plot No.136, Ashtalakshmi Nagar, 2nd Main Road, Alapakkam, Chennai - 600 116.
..Applicants
-Vs-
S/o.Late Shri R.Kapanipathi Rao, Old No.11, New No.16, 1st Cross Street, Indira Nagar, Chennai - 600 020.
..Respondents
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Application praying that this Hon'ble Court be to condone the delay of 884 days in filing necessary application to revoke the succession certificate granted by the order dated 22/03/2019 passed in O.P.No.1118 of 2019 on the file of the Hon'ble High Court, Madras.
This Original Petition coming on this day before this court for hearing the court made the following order:
This application has been filed to condone the delay of 884 days in filing necessary application to revoke the succession certificate granted by this Court, vide order dated 22.03.2019 in O.P.No.1118 of 2018.
2.Heard the learned counsel for the applicants and the learned counsel for the respondents and also perused the materials available on record.
3.Though the respondents/petitioners have obtained succession certificate, the applicants, who claim to be the second wife and adopted daughter of the deceased R.Kapanipathi Rao, have come forward with the present application to revoke the said succession certificate.
4.Whether the first applicant and second applicant are the second wife https://hcservices.ecourts.gov.in/hcservices/ and adopted daughter of the deceased, or not, or whether the first applicant
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has got any testimony, can be decided not in this application, however, the
Court has to see whether the reasons are sufficient to allow the application.
5.On being satisfied with the averments stated in the affidavit filed in support of the application and also considering the submissions made by the learned counsel on either side, the delay is condoned.
6.Registry is directed to take this application to revoke the succession
certificate on file, if it is otherwise in order.
Sd/.P.V.J. 15.03.2022
//Certified to be a true copy//
Dated at Madras this the day of 2022.
SU/25.03.2022 COURT OFFICER(O.S.)
From 25.09.2008 the Registry is issuing certified copies of the Orders/Judgments/Decrees in this format.
1 issue framed by the court
Whether the delay of 884 days in filing the application to revoke the succession certificate should be condoned.
1 provisions across 1 enactments
K. SUMATHI
S. UMAMAHESWARI
NALINI HARI
UMAMANI VIJAY SWAMI RAO
P. VELMURUGAN
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
