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Rajeswari R and Another v. No Respondent

Madras HC8 Dec 2023OP/302/2023

Case brief

AI extract

What is this about?

This petition sought a succession certificate as legal heirs of the deceased R. Thiagarajan. Considering the documents filed, the Court found the petitioners succeeded to the debts and securities, ordering the grant of the certificate with power to collect the specified amounts.

What did the court decide?

Direction to grant Succession Certificate in favour of the petitioners with power to collect debts and securities specified in the schedule.

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

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O.P.No.302 of 2023

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O.P.No.302 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 read with Order XXV Rule 6 of the Madras High Court Original Side Rules, to grant succession certificate in favour of the petitioners.

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Heard the learned counsel for the petitioners.

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It is the case of the petitioners that the petitioners are the daughters

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of the deceased R.Thiagarajan. The said R.Thiagarajan died on 15.09.2022.

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The petitioners are the legal heirs of the deceased R.Thiagarajan. The deceased R.Thiagarajan 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 securities and debts in

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

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O.P.No.302 of 2023

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respect of which succession certificate is required for the value of Rs.2,88,10,178.2/-. Hence, the petitioners have approached this Court for grant of succession certificate in favour of the petitioners with power to collect the debts and securities as specified in the schedule.

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The first petitioner was examined as P.W.1 and marked Exs.P1 to Ex.P.9.

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P.W.1 in her evidence had narrated the averments made in the

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petition stating that the petitioners have filed this petition for grant of Succession Certificate in favour of the petitioners. Ex.P.4 is the computer generated death certificate of the deceased of R.Thiagarajan. Ex.P.4 has been filed to show that the deceased R.Thiagarajan died on 15.09.2022. Ex.P.8 is the computer generated legal heir certificate of the deceased R.Thiagarajan. Ex.P.8 shows that the petitioners are the legal heirs of the deceased R.Thiagarajan. Ex.P.5 and Ex.P.6 have been filed to prove the assets of the deceased R.Thiagarajan. Ex.P.8 and Ex.P.9 are the Paper publications and none objected for the same.

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

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O.P.No.302 of 2023

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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

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debts and securities of the deceased R.Thiagarajan. 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.

08.12.2023

vrc

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

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O.P.No.302 of 2023

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N.SATHISH KUMAR, J.

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vrc

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O.P.No.302 of 2023

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08.12.2023

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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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