Allowed

Arokiadass and 8 Others v. No Respondent

Madras HC2 Jan 2023OP/500/2022

Case brief

AI extract

What is this about?

The High Court allowed the original petition for a succession certificate in respect of the estate of late A.Rose Vergine. The court found the petitioners entitled to collect debts and receive interest on the basis of the evidence of legal heirship.

What did the court decide?

Succession certificate granted to the petitioners to collect debts, receive interest, and negotiate or transfer the same.

Arokiadass and 8 Others Vs No Respondent — Succession and Inheritance | Madras HC (2023)

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O.P.No.500 of 2022

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IN THE HIGH COURT OF JUDICATURE AT MADRAS

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DATED: 02.01.2023

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CORAM

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THE HONOURABLE MR.JUSTICE SENTHILKUMAR RAMAMOORTHY

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O.P.No.500 of 2022

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1.Mr.Arokiadass S/o.Late S.Aaroon Residing at 13(2), Anna Nagar, 4^th Street, Burma Colony, Madhavaram, Chennai-600 060.

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2.S.A.Daniel,

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S/o. Late S.Aaroon Residing at No.N-22, 2^nd Floor, N Block, Panchsheel Club, Panchsheel park, Malviya Nagar, Hauz Khas, South Delhi, Delhi-110 017.

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3.Ms.Lourdmeri D/o.Late S.Aaroon, W/o.Mayakumar Residing at No.6/68, North Velli Street, St. Thomas Mount, Alandhur, Chennai-600 016.

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4.Ms.Rejina Margrate D/o.Late S.Aaroon, No.1, Burma Colony, 1^st Street, Anna Nagar, Madhavaram, Chennai-600 060.

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

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O.P.No.500 of 2022

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5.Mr.David

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S/o.Latae S.Aaroon, Residing at 13(B), Anna Nagar, 4^th Street, Burma Colony, Madhavaram, Chennai-600 060.

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6.Ms.P.Santhi Mary, W/o.Patrick Johnbosco Residing at 13, Anna Nagar, 4^th Street, Burma Colony, Madhavaram, Chennai-600 060.

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7.Mr.P.Moses Aaron, S/o.Patrick Johnbosco Residing at 13, Anna Nagar, 4^th Street, Burma Colony, Madhavaram, Chennai-600 060.

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8.Mr.P.Mathew Santhosh,

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S/o.Patrick Johnbosco Residing at 13, Anna Nagar, 4^th Street, Burma Colony, Madhavaram, Chennai-600 060.

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9.Mr.P.Thomas, S/o.Patrick Johnbosco Residing at 13, Anna Nagar, 4^th Street, Burma Colony, Madhavaram, Chennai-600 060. ... Petitioners

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PRAYER : Original Petition filed for Succession Certificate under Section 372 of Indian Succession Act read with Order XXV Rule 6 of the Madras High Court Original Side Rules, prays that a Succession Certificate may be

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

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O.P.No.500 of 2022

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granted to the Petitioner with power to collect the debts and to receive the interest specified in the Schedule hereto.

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For Petitioner : Mr. D.Rajendran

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ORDER

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The petitioners seek the grant of succession certificate in respect of the

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debts and benefits described in the schedule to the petition.

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The petitioners state that late Ms.A.Rose Vergine was the sister of petitioners 1 to 5. She died on 31.03.2015. The petitioners assert that she

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died single and unmarried. They further assert that in spite of diligent search, no Will was found. One of the brothers of the deceased, Patrick John Bosco, died and, therefore, his wife and sons are arrayed as the 6^th to 9^th petitioners. The petitioners further state that the parents of the deceased predeceased her.

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In order to establish entitlement to the relief claimed, the petitioners

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adduced evidence by examining the first petitioner as PW1. In course of the

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

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O.P.No.500 of 2022

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examination-in-chief of PW1, the 24 documents listed at the foot of this order were exhibited as Exs.P1 to P24. The death certificate of the deceased (Ex.P2) discloses that she died on 31.03.2015. The said document also discloses the name of the father of the deceased as S.Aaron. It also discloses the address of the deceased. The death certificate of the father of the deceased (Ex.P23) discloses that he died on 05.05.1986 and that of the mother of the deceased (Ex.P22) discloses that she died on 17.03.2003. The address disclosed in the death certificate of the late S.Aaron tallies with the address specified as regards A.Rose Vergine. The legal heirship certificate in respect of A.Rose Vergine discloses the names of the 1^st to 5^th petitioners and Patrick John Bosco as the legal heirs of the deceased. The death certificate of Patrick John Bosco (Ex.P16) discloses that he died on 19.10.2018. The legal heirship certificate in respect of Patrick John Bosco discloses the names of the 6^th to 9^th petitioners as his legal heirs. Documents relating to the debt and other benefits due to the deceased have been exhibited as Exs.P4 to P10.

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Based on the assertions in the petition and evidence adduced in

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

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O.P.No.500 of 2022

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support thereof, the petitioners are entitled to the relief claimed. Accordingly, O.P.No.500 of 2022 is allowed by grating a succession certificate to the petitioners in respect of the debts and benefits specified in the schedule to the petition. Consequently, the petitioners are entitled to collect the debts, receive interest accruals thereon and negotiate and transfer the same.

02.01.2023

kal

Index : Yes / No

Petitioners' witness:

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P.W.1 – Mr.Arokiadas

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Documents exhibited by the petitioners:

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*Exhibits*	*Documents*
Ex.P1	The photocopy of the service register of Selvi Aaron Rose Vergine issued by the Government Stanley Hospital, Chennai- 1 dated 18.12.2014(Compared with the original).
Ex.P2	The computergenerated death certificate of A.Rose Vergine.
Ex.P3	The photocopy of the Legal Heirship Certificate of A.Rose Vergine(Compared with the original).
Ex.P4	Thephotocopyof the letter issued bythe Government Stanley

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

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O.P.No.500 of 2022

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*Exhibits*		*Documents*
	Hospital stating the indi Vergine(Compared with	vidual benefits of Selvi Aaron Rose the original).
Ex.P5	The office copy of my let Government Hospital in Aaron Rose Vergine.	ter of requisition addressed to Stanley respect of terminal benefits of Selvi
Ex.P6	The photocopy of the let byGovernment StanleyH	ter dated 27.09.2016 addressed to me ospital(Compared with the original).
Ex.P7	The original letter dated StanleyHospital.	02.03.2017 issued by the Government
Ex.P8	The photocopy of the Government StanleyHos	letter dated 22.03.2018 given by pital(Compared with the original).
Ex.P9	My copy of letter dat Government StanleyHos	ed 14.08.208 sent by me to the pital under RTI Act.
Ex.P10	The photocopy of the rep under RTI Act dated 20.0	ly from Government Stanley Hospital 9.2018(Compared with the original).
Ex.P11	The photocopy of my original)	Aadhaar card (Compared with the
Ex.P12	The photocopy of the (Compared with the origi	Aadhaar card of the 2^ndpetitioner nal).
Ex.P13	The photocopy of the (Compared with the origi	Aadhaar card of the 3^rdpetitioner nal).
Ex.P14	The photocopy of the (Compared with the origi	Aadhaar card of the 4^thpetitioner nal)
Ex.P15	The photocopy of the (Compared with the origi	Aadhaar card of the 5^thpetitioner nal).
Ex.P16	The computer generate Bosco.	d death certificate of Patrick John
Ex.P17	The computer generated John Bosco.	Legal Heirship Certificate of Patrick

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

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O.P.No.500 of 2022

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*Exhibits*	*Documents*
Ex.P18	The photocopy of the Aadhaar card of the 6^thpetitioner (compared with the original).
Ex.P19	The photocopy of the Aadhaar card of the 7^thpetitioner (compared with the original).
Ex.P20	The photocopy of the Aadhaar card of the 8^thpetitioner (compared with the original).
Ex.P21	The photocopy of the Aadhaar card of the 9^thpetitioner (compared with the original).
Ex.P22	The computergenerated death certificate of A.Theresa Aaron.
Ex.P23	The computergenerated death certificate of S.Aron.
Ex.P24	The copy of paper publication effected in one issue of Tamil daily“Makkal Kural” dated 03.11.2022.

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

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O.P.No.500 of 2022

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SENTHILKUMAR RAMAMOORTHY,J

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kal

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O.P.No.500 of 2022

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

Arokiadass and 8 Others v. No Respondent

Case brief

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Arokiadass and 8 Others v. No Respondent

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