Allowed

Selvi Joseph Jesika v. Vijaya

Madras HC8 Sept 2023OP/503/2022

Case brief

AI extract

What is this about?

A successor petition filed by the daughter for a succession certificate to collect service and death benefits of her deceased father. The court allowed the petition upon finding documentary evidence of legal heirship and lack of objection.

What did the court decide?

Succession Certificate issued in favour of the petitioner with power to collect debts and interest mentioned in the schedule, upon payment of duty.

Selvi Joseph Jesika Vs Vijaya — Succession and Inheritance | Madras HC (2023)

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O.P.No.503 of 2022

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IN THE HIGH COURT OF JUDICATURE AT MADRAS

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DATED: 08.09.2023

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CORAM

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THE HONOURABLE MS.JUSTICE R.N.MANJULA

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O.P.No. 503 of 2022

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Selvi Joseph Jesika … Petitioner Vs. Vijaya . .. Respondent

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PRAYER : Original Petition filed for Succession Certificate under Section 372 of Indian Succession Act, 1925 read with Order XXV Rule 6 of Original Side Rules, prays that a Succession Certificate may be granted to the petitioner with the power to collect the debts and interest amount thereof, specified in the schedule hereto.

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For Petitioners : Mr.V.Karnan

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ORDER

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This Petition has been filed under Section 372 of the Indian

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Succession Act for grant of Succession Certificate in respect of the petition mentioned securities owned by late Sowriraj died intestate.

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2 . The service and death benefits that were specified in the petition

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belonged to one late Sowriraj who is the father of the petitioner. The said Sowriraj died intestate on 22.10.2018. The parents of the Sowriraj also

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O.P.No.503 of 2022

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predeceased on 30.01.1977 and 19.06.2019. The petitioner is the daughter and the respondent is the wife of late Sowriraj. Since Sowriraj died intestate, the petitioner has filed this petition for seeking Succession Certificate in respect of the petition mentioned immovable assets.

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3 .The 1^st petitioner examined herself as PW.1 and Ex.P1 to P10 were marked through her.

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4 .The Paper publication is effected in one issue of Tamil Daily

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'Makkal Kural' dated 24.06.2023 and it did not attract any objectors.

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5 .From the death certificate of Sowrirajan which is marked as Ex.P3,

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it would show that Sowrirajan died on 22.10.2018. Legal heir certificate is produced as Ex.P4 and that would show that the petitioner and the respondent are the legal heirs of the deceased Sowrirajan. The said Sowrirajan was working as a watchman in Greater Chennai Corporation. After his death his death benefits and service benefits have also to be paid to the parties in their capacity as his legal heirs.

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6 . It is submitted that the mother of the petitioner/ respondent herein

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has also given no objection and that has also been stated in the petition Despite the notice has been served upon the respondent, she did not file any objection. Since the petitioner is entitled to claim her fathers death benefits

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and service benefits of Sowrirajan as his legal heir, he has filed this petition 2/6

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O.P.No.503 of 2022

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for grant of Succession Certificate.

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7. The above documentary evidence produced by the petitioner would

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prove her entitlement for the grant of Succession Certificate as prayed by

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her.

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8 .Hence:

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(a) the petition is ordered and

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(b) The Succession Certificate shall be issued in favour of the petitioner, with the power to collect the debts and interest amount thereof, specified in the schedule mention petition on payment of appropriate succession duty, if it not paid already.

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08.09.2023

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jrs

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Index :Yes/No Speaking: Non-Speaking Neutral: Yes/No

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O.P.No.503 of 2022

APPENDIX

Petitioner's witness:

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P.W.1 – Selvi Joseph Jesika Documents exhibited by the petitioner:

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Exhibits	*Doc*	*uments*
Ex.P1	The photocopy of the petit with the original)	ioner's family card (compared
Ex.P2	The photocopy of the (compared with the original)	petitioner's birth certificate
Ex.P3	The computer generat Mr.J.Sowrirajan.	ed death certificate of
Ex.P4	The computer generated Mr.J.Sowrirajan.	legal heir certificate of
Ex.P5	The photocopy of the proce to the petitioner by the C Corporation (compared with	edings dated 30.09.2019 issued ommissioner, Greater Chennai the original)
Ex.P6	The photocopy of the letter the petitioner by the Assista Department (compared with	dated 13.03.2020 addressed to nt Commissioner, Public Works the original)
Ex.P7	The photocopy of the letter the petitioner by the Assista Department (compared with	dated 02.07.2020 addressed to nt Commissioner, Public Works the original)
Ex.P8	The original letter dated petitioner by the Assistant Department.	24.09.2020 addressed to the Commissioner, public Works
Ex.P9	The computer generated deat	h certificate of Mrs.Rajathy.
Ex.P10	The copy of paper publica Tamil Daily'Makkal Kural'	tion effected in one issue of dated 24.06.2023.

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08.09.2023

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O.P.No.503 of 2022

R.N.MANJULA, J.

jrs

O.P.No. 503 of 2022

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Selvi Joseph Jesika v. Vijaya

Case brief

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Selvi Joseph Jesika v. Vijaya

Case brief

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