Allowed

Mary Aureen Heldt v. Nil

Madras HC19 Jul 2022OP/603/2021

Case brief

AI extract

What is this about?

The High Court of Madras allowed an original petition filed under Section 372 of the Indian Succession Act, 1925. The court was satisfied that the petitioner, the sole legal heir of a deceased spinster, was entitled to a succession certificate to collect the deceased's debts.

What did the court decide?

Grant of a succession certificate to the petitioner with the power to collect debts and receive interest specified in the schedule.

Mary Aureen Heldt Vs Nil — Succession and Inheritance | Madras HC (2022)

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O.P.No.603 of 2021

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O.P.No.603 of 2021

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KRISHNAN RAMASAMY.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 Original Side Rules, to grant succession certificate in favour of the petitioner.

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It is the case of the petitioner that she is the only legal heir of deceased D.Heldt. The deceased D.Heldt was a spinster and she died intestate on 08.02.2017. Accordingly to the petitioner, the deceased D.Heldt owned various debts as stated in the schedule. Therefore, she has filed the present petition for grant of succession certificate in favour of the petitioner herein, with the power to collect the debts and to receive interest if any specified on the schedule.

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3.It is further stated that other than the petitioner, there are no other relatives to succeed to the estate of deceased D.Heldt as legal heir. Further, no application for a succession certificate in respect of any debt or security

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

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O.P.No.603 of 2021

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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 the debts and to receive interest if any specified on the schedule.

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In order to prove their case, the petitioner examined herself as

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P.W.1 and marked the following documents;

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(1) Ex.P1 - photocopy of the PAN card of Mary Aureen Heldt.

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(2) Ex.P2 - photocopy of the Aadhaar card of Mary Aureen Heldt.

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(3) Ex.P3 - photocopy of the ration card of D.Heldt & B.Heldt

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(4) Ex.P4 – death certificate of D.Heldt dated 08.03.2017.

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(5) Ex.P5 - photocopy of the PAN card of D.Heldt

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(6) Ex.P6 – photocopy of the Indian Bank, Villivakkam Branch pass

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book of D.Heldt A/c.No.433441783

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(7) Ex.P7 – photocopy of the deposit receipt account No.6055277089

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of D.Heldt with Indian Bank, Villivakkam Branch.

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O.P.No.603 of 2021

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(8) Ex.P8 – Photocopy of the deposit receipt account

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No.054604411300217 of D.Heldt with IOB, Villivakkam Branch.

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(9) Ex.P9 – photocopy of the pass book Account

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No.236301000008273 of D.Heldt with Indian Overseas Bank, Madhavaram Branch.

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(10) Ex.P10 – photocopy of the deposit receipt Account No.236304411500044 of D.Heldt with IOB, Madhavaram Branch.

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1.Xerox copy of S.B.A/c.No.433510689 of D.Heldt with Indian Bank, Villivakkam Branch, 2.Xerox Copy of deposit receipt A/C.No.6055277089 of Heldt with Indian Bank, Villivakkam Branch. 3.Xerox Copy of deposit receipt A/c.No.862062591 of D.Heldt with Indian Bank, Villivakkam Branch. 4.Xerox Copy of deposit receipt A/c.No.863890079 of D.Heldt with Indian Bank, Villivakkam Branch.

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Considering the averments made in the petition and the evidence

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tendered by PW.1 along the documents marked as Exs.P1 to P10, this Court is satisfied that the petitioner has succeeded the Estate of the deceased.

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O.P.No.603 of 2021

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Therefore, 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

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and to receive interest if any specified on the schedule.

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6.Accordingly, the petitioner is entitled for the relief as prayed for

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and this Original Petition stands allowed.

19.07.2022

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O.P.No.603 of 2021

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KRISHNAN RAMASAMY.J.,

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O.P.No.603 of 2021

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

Mary Aureen Heldt v. Nil

Case brief

What is this about?

What did the court decide?

Mary Aureen Heldt v. Nil

Case brief

What is this about?

What did the court decide?

What the court decided

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