The court closed an Original Petition filed for a Succession Certificate under Sections 300 and 372 of the Indian Succession Act, 1925, as the matter was settled before the Mediation Centre based on a filed Settlement Agreement, and the connected application was also closed.
Original Petition for Succession Certificate closed; connected application closed.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
O.P.No.315 of 2022
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 16.02.2024
CORAM
THE HONOURABLE MR.JUSTICE K.KUMARESH BABU O.P.No.315 of 2022 and A.No.2846 of 2023
1.Chandralekha
2.Loshini (minor)
(Represented by her mother and natural guardian Chandralekha) … Petitioners
Vs
Ponnammal … Respondents
PRAYER : Original Petition filed for grant of Succession Certificate under Section 300 and 372 of Indian Succession Act, 1925 read with Order XXV Rule 6 of Original Side Rules, prays that the Succession Certificate may be granted to the petitioner with power to collect the debts and to receive the interest specified in the Schedule “B” hereto.
For Petitioners : Ms.B.Leena
for Mr.L.C.M.Lazarus
For Respondent : Mr.R.Ganesh Kumar
ORDER
When the matter is taken up today for hearing, the learned counsel for
the petitioners and the respondent submitted in unison that the matter has been settled before the Mediation Centre, based on the Settlement Agreement filed by both the parties. The said Settlement Agreement is
1/3
O.P.No.315 of 2022
taken on record.
Settlement Agreement entered between the parties before the Mediation Centre and the same shall form part of the order. Consequently, connected application is closed.
16.02.2024
gba Index :Yes/No
Petitioner's witness: P.W.1 - Mrs.Chandralekha Documents exhibited by the petitioners:
| Exhibits | Documents |
|---|---|
| Ex.P1 | Downloaded copy of the appointment letter dated 20.11.2014 in respect of deceased Mr.G.Imapathy which was received through e-mail |
| Ex.P2 | Computergenerated death certificate of Umpathy |
| Ex.P3 | Computer generated death certificate of Legal Heirship certificate of Umapathy |
| Ex.P4 | E-mail correspondence between the 1stpetitioner and the companyof the deceased |
| Ex.P5 | Computergenerated birth certificate of U.Loshini |
| Ex.P6 | Copy of paper publication effected in one issue of Tamil daily “Makkal Kural” dated 16.10.2022. |
16.02.2024
2/3
O.P.No.315 of 2022
gba
K.KUMARESH BABU,J.
gba
O.P.No.315 of 2022
16.02.2024
3/3
3 issues framed by the court
Whether the Original Petition for grant of Succession Certificate stands closed upon settlement.
Whether the connected application is closed in view of the Settlement Agreement.
Whether the Succession Certificate can be granted as prayed after settlement.
2 provisions across 2 enactments
Chandralekha
Loshini
Ponnammal
K.KUMARESH BABU
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
