Allowed

Mrs.Kamakshi.M v. No Respondent

Madras HC22 Jul 2022OP/258/2020

Case brief

AI extract

What is this about?

Petitioner sought succession certificate for estate of deceased husband. Court found she was sole legal heir and evidence was satisfactory. Succession certificate granted with power to collect debts and securities.

What did the court decide?

Succession Certificate granted to petitioner with power to collect debts, receive interest and dividends, and negotiate and transfer securities specified in schedule.

Mrs.Kamakshi.M Vs No Respondent — Succession and Inheritance | Madras HC (2022)

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O.P.No.258 of 2020

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O.P.No.258 of 2020

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KRISHNAN RAMASAMY.J.,

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

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2.It is the case of the petitioner that she is the wife of the deceased Mr.M.Raghu. The deceased Mr.M.Raghu had passed away on 01.03.2019. During his life time, he left the deposit in Public Provident Fund in State Bank of India, West Mambalam Branch in Account no.10398385931, which is morefully specified in the schedule to the petition. Since the petitioner had no issues out of wedlock, she is the only Class – I legal heir of the deceased Mr.M.Raghu, who died intestate on 01.03.2019. The petitioner is filing this petition for grant of Succession Certificate in her favour. The total amount of the assets value will be for a sum of Rs.8,35,350/-.

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It is further stated that the other than the petitioner, there are no

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

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O.P.No.258 of 2020

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other relatives to succeed the estate as legal heirs. Therefore, the petitioner

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is entitled for share in the estate of the said deceased Mr.M.Raghu.

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No application for a succession certificate in respect of any debt or security belonging to the estate of the said deceased has been made to any District Court or delegate or to any High Court. Hence, the petitioner has approached this Court for grant of succession certificate in her favour with power to collect securities and to receive interest, dividends thereon and negotiate and transfer the securities specified in the petition schedules.

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In order to prove her case, Mrs.M.Kamakshi, the petitioner herein, is examined as PW.1 and marked Exs.P1 to P5. Ex.P1 is the computer generated death certificate of Mr.M.Raghu. Ex.P2 is the computer generated Legal Heirship certificate in respect of Mr.M.Raghu. Ex.P3 is the original letter dated 24.10.2019 addressed to the petitioner by the State Bank of India, West Mambalam Branch. Ex.P4 is the original statement of account dated 27.12.2019 in respect of Account no.10398325931 standing in the name of Mr.M.Raghu. Ex.P5 is the copy of paper publication effected in

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

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O.P.No.258 of 2020

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one issue of Tamil daily “Makkal Kural” dated 08.05.2022. Despite the

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paper publication also, none has appeared and raised their objections.

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Considering the averments made in the petition and the evidence tendered by PW.1 along with the documents marked as Exs.P1 to P5, this Court is satisfied that the petitioner has succeeded for the Estate of the deceased Mr.M.Raghu. Therefore, the petition is ordered as prayed for and a direction for grant of Succession Certificate to the petitioner with power to collect the debts and to receive the interest and dividends on and negotiate and transfer the securities specified in the schedule, is issued.

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7.Accordingly, the petitioner is entitled for the relief as prayed for by

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the petitioner and this Original Petition stands allowed.

22.07.2022

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

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O.P.No.258 of 2020

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KRISHNAN RAMASAMY.J.,

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O.P.No.258 of 2020

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22.07.2022

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

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Mrs.Kamakshi.M v. No Respondent

Case brief

What is this about?

What did the court decide?

Mrs.Kamakshi.M v. No Respondent

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Statutes considered

Parties & counsel

Coram

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