Allowed

Rajeswari R and Another v. No Respondent

Madras HC4 Dec 2023OP/301/2023

Case brief

AI extract

What is this about?

The Madras High Court permitted a petition filed under Section 372 of the Indian Succession Act, 1925, for a succession certificate. The court found the petitioners to be Class I legal heirs of the deceased T.Meenakshi who died intestate. Consequently, a certificate was granted to collect specified debts and securities.

What did the court decide?

Petition allowed. Succession Certificate granted in favour of the petitioners with power to collect specified debts, securities, and interest.

Rajeswari R and Another Vs No Respondent — Succession and Inheritance | Madras HC (2023)

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O.P.No.301 of 2023

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N.SATHISH KUMAR, 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 the Madras High Court Original Side Rules, to grant succession certificate in favour of the first petitioner.

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Heard the learned counsel for the petitioners.

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It is the case of the petitioners that they are the daughters of deceased / T.Meenakshi, who died on 31.08.2022. Mr.K.Thiagarajan, husband of deceased T.Meenakshi, died on 15.09.2022. Thus, the petitioners are the surviving Class I legal heirs of the deceased T.Meenakshi. The deceased died intestate and though due and diligent search has been made for a Will, none has been found in respect of the debts mentioned in the schedule. The deceased left the amount specified in the Schedule, within the jurisdiction of this Court. The succession certificate is required for the purpose of collecting the securities / debts. Hence, the petitioners have approached this Court for grant of succession certificate in favour of the petitioners with power to collect the debts as specified in the schedule.

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The first petitioner examined himself as P.W.1 and marked Exs.P1 to Exs.P9.

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P.W.1 in his evidence had narrated the averments made in the petition stating that the petitioners have filed this petition for grant of Succession Certificate in favour of the petitioners. Exs.P1 & P2 are the photocopy of Aadhar

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

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Cards of petitioners. Ex.P3 is photocopy of Aadhar card of deceased / T.Meenakshi. Ex.P4 is computer generated death certificate of Late T.Meenakshi. Ex.P5 is photocopy of PPF Account held in favour of late T.Meenakshi. Ex.P6 is consolidated account statement given by NSDL in respect of shares and securities for the period 01.07.2022 to 31.07.2022 qua T.Meenakshi. Ex.P7 is sworn affidavit for receiving electronic evidence for Ex.P6. Ex.P8 is legal heir certificate of Mr.K.Thiagarajan and Ex.P9 is copy of paper publication effected on 28.09.2023, for which there has been no objection.

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Considering the averments made in the petition and the documents

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filed by the petitioners, I am satisfied that the petitioners have succeeded the Estate of the deceased T.Meenakshi. Therefore, the petition is ordered as prayed for and a direction for grant of Succession Certificate in favour of the petitioners with power to collect and to receive deposit specified in the schedule together with interest as applicable till the date of withdrawal, is issued.

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05...12..2023

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kmk

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

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N.SATHISH KUMAR, J.

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kmk

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O.P.No.301 of 2023

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05..12..2023

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

Rajeswari R and Another v. No Respondent

Case brief

What is this about?

What did the court decide?

Rajeswari R and Another v. No Respondent

Case brief

What is this about?

What did the court decide?

What the court decided

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