Allowed

P.Dhanalakshmi and 2 Others v. No Respondent

Madras HC12 Dec 2023OP/579/2023

Case brief

AI extract

What is this about?

The petitioner, a Class-II legal heir, sought a succession certificate for the estate of her aunt under the Indian Succession Act. The court was satisfied with the filed documents and orders the issuance of the certificate in favor of the third petitioner to collect specified debts.

What did the court decide?

Succession certificate granted in favour of the third petitioner with power to collect the debts and interest specified in the schedule.

P.Dhanalakshmi and 2 Others Vs No Respondent — Succession and Inheritance | Madras HC (2023)

¶1

O.P.NO.579 OF 2023

¶2

O.P.NO.579 OF 2023

¶3

N.SATHISH KUMAR, J.

¶4

This Original 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 third petitioner with power to collect the debts and interest specified in the schedule.

¶5

2.Heard the learned counsel for the petitioners.

¶6

3.The petitioners are the daughters of one R.Pichandi, who is the

¶7

brother of the deceased Mrs.K.Bommy. According to the petitioners, the deceased died intestate on 21.01.2019 and her husband pre-deceased her and her only son Rajasekar also pre-deceased her (died on 12.11.2001) at the age of 15 years. Mr.R.Pichandi, brother of the deceased K.Bommy also died on 03.11.2012, leaving behind him the petitioners as his legal heirs. Hence, the petitioners, being Class – II legal heirs, seek succession certificate in favour of the third petitioner.

¶8

4.For issuance of succession certificate in respect of the assets left by the deceased, the third petitioner has examined herself as P.W.1 and marked Exs-P.1 to P.4.

¶9

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

¶10

O.P.NO.579 OF 2023

¶11

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

¶12

petition stating that the petitioners have filed this petition for grant of Succession Certificate in favour of the third petitioner. To prove the death of the deceased K.Bommy, Ex-P.1 is marked; Ex-P.2 is death certificate of the son of the deceased K.Bommy; Ex-P.3 is the legal heir certificate of Mr.Pichandi, who is the brother of the deceased K.Bommy; Ex-P.4 is filed to prove the assets left by the deceased.

¶13

6.Considering the averments made in the Original Petition and the documents filed by the petitioners, I am satisfied that the petitioners, being Class – II legal heirs have succeeded the Estate of the deceased K.Bommy. Therefore, the Original Petition is ordered as prayed and a direction for grant of Succession Certificate in favour of the third petitioner with power to collect the debts and interest specified in the schedule, is issued.

¶14

12.12.2023

¶15

¶16

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

¶17

O.P.NO.579 OF 2023

¶18

N.SATHISH KUMAR, J.

¶19

¶20

O.P.NO.579 OF 2023

¶21

12.12.2023

¶22

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

P.Dhanalakshmi and 2 Others v. No Respondent

Case brief

What is this about?

What did the court decide?

P.Dhanalakshmi and 2 Others v. No Respondent

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Statutes considered

Parties & counsel

Coram

Case details

Similar cases

I.Ramaraaj Vs R.Chandra Gupta and 2 others

S.Sarayana Vs Boolieni Developers Limited and another

R.Rehman Vs Gajalatha and Another

G.Kannan Vs Radha Gopalan

Narayani Sivaprakasapillai and 2 Others Vs No Respondent

Arun Thambuswamy, Vs M/S Bharat Petroleum Corporation Ltd.