Allowed

K.Bharathi and Another v. No Respondent

Madras HC9 Aug 2024OP/232/2024

Case brief

AI extract

What is this about?

Petitioners sought a succession certificate for securities of deceased Manoramma, whose son predeceased her. The first petitioner was examined as PW-1 and marked Exs.P1 to P15, including death and legal heir certificates. The court allowed the petition and directed issuance of the succession certificate.

What did the court decide?

Succession Certificate to be issued in favour of the petitioners in accordance with the rules, with power to collect debts and interest in the schedule.

K.Bharathi and Another Vs No Respondent — Succession and Inheritance | Madras HC (2024)

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O.P.No.232 of 2024

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RMT.TEEKAA RAMAN, J.

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This Original Petition has been filed taking advantage of Section 372 of the Indian Succession Act, read with Order XXXIX of 1925 R/W Order XXV Rule 6 of O.S. Rules, seeking Succession Certificate with respect to the securities in the name of Manoramma, who died on 28.10.2022. The details of the securities had been given in the schedule to the petition.

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2.The 1^st petitioner is the daughter-in-law of deceased Manoramma and the 2nd petitioner is her daughter. The deceased Manoramma was worked as a sweeper in Old Division No.69 & New Division No.70, Unit 16 Zone VI. She was retired from service on 30.06.2022. Her mother-in-law Manoramma married one J.Subburayalu. During their lawful wedlock, a male child was born namely, J.S.Kondal Rao and he died on 30.12.2015 leaving behind the petitioners are L.R's and hence the petitioners seek the succession certificate with power to collect the debt and to receive the interest specified in the schedule.

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3.After following due procedure, the petitioners were invited to tender evidence. Accordingly, the 1^st petitioner examined herself as PW-1 and she marked as Exs.P1 to P15. Ex.P1 is the birth certificate of Ms.J.K.Priya; Ex.P2 is the death certificate of Mr.J.S.Kondal Rao; Ex.P3 is the Transfer Certificate

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

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RMT.TEEKAA RAMAN,J.

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nvi

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of Ms.J.K.Priya dated 04.04.2019 issued by Guru Shree Shantivijai Jain

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College for women; Ex.P4 is the legal heir certificate of Mr.J.S.Kondal Rao; Ex.P5 is the identity card of Mrs.Manoramma issued by Greater Chennai Corporation; Ex.P6 is the pay slip for the month of Feb'21 of Mrs.Manoramma issued by Greater Chennai Corporation; Ex.P7 is the retirement order dated 30.06.2022 of Mrs.Manoramma; Ex.P8 is the death certificate of Mrs.Manoramma; Ex.P9 is the legal heir certificate of Mrs.Manoramma; Ex.P10 is the Aadhar card; Ex.P11 is the voter identity card; Ex.P12 is the family card of Mrs.Manoramma; Ex.P13 is the relationship certificate issued by the Tahsildar to Ms.J.K.Priya; Ex.P14 is the original letter dated 12.01.2024 sent by Greater Chennai Corporation and Ex.P15 is the copy of the paper publication effected one issue of Tamil Daily "Makkal Kural" dated 26.06.2024.

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4.In view of the evidence adduced, this Original Petition stands allowed.

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The Succession Certificate may be issued in favour of the petitioners in accordance with the rules.

09.08.2024

nvi

O.P.No.232 of 2024

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

K.Bharathi and Another v. No Respondent

Case brief

What is this about?

What did the court decide?

K.Bharathi and Another v. No Respondent

Case brief

What is this about?

What did the court decide?

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