Allowed

M.R.Devaki and 2 Others v. No Respondent

Madras HC9 Jan 2024OP/610/2023

Case brief

AI extract

What is this about?

In O.P. Nos. 610 of 2023, the Madras High Court granted a succession certificate to three petitioners (mother, wife, daughter) of deceased M.R. Rajesh Kumar, who died intestate on 04.08.2022, following a due diligence search for a will where none was found.

What did the court decide?

Grant of succession certificate in favour of the petitioners with power to collect securities specified in the schedule together with interest as applicable.

M.R.Devaki and 2 Others Vs No Respondent — Succession and Inheritance | Madras HC (2024)

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O.P.No.610 of 2023

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N.SATHISH KUMAR, J.

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O.P.No.610 of 2023

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This Petition has been filed under Section 372 of the Indian Succession Act read with Order XXV Rule 6 of the Madras High Court Original Side Rules, to grant succession certificate in favour of the petitioners.

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Heard the learned counsel for the petitioners.

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It is the case of the petitioners that the first petitioner is the mother of the deceased M.R.Rajeshkumar and the second petitioner is the wife of the deceased and third petitioner is the daughter of the deceased. The said M.R.Rajeshkumar died intestate on 04.08.2022. The petitioners are Class I legal heirs of the deceased. The deceased M.R.Rajeshkumar died intestate and though due and diligent search has been made for a Will, none has been found in respect of the securities mentioned in the schedule. The petitioners are the surviving legal heirs of the deceased and there is no other person to be impleaded in this petition. The deceased left the amount specified in the

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

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O.P.No.610 of 2023

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Schedule, within the jurisdiction of this Court. The securities in respect of which succession certificate is required for the value of Rs.1,88,85,727/Hence, the petitioners have approached this Court for grant of succession certificate in their favour with power to collect the securities as specified in the schedule.

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The second petitioner was examined as P.W.1 and marked Exs.P1 to Ex.P.10.

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P.W.1 in her evidence had narrated the averments made in the petition stating that the petitioners have filed this petition for grant of Succession Certificate in their favour. Ex.P.1 is the computer generated death certificate of the deceased M.R.Rajeshkumar. Ex.P.1 has been filed to show that the deceased M.R.Rajeshkumar died on 04.08.2022. Ex.P.2 is the computer generated legal heir certificate of the deceased Rajeshkumar. Ex.P.2 shows that the petitioners are the legal heirs of the deceased. Rajeshkumar. Ex.P.6 to Ex.P.9 have been filed with regard to the securities held by the deceased M.R.Rajeshkumar. Ex.P.10 is the Paper publication

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

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O.P.No.610 of 2023

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and none objected for the same.

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Considering the averments made in the petition and the documents filed by the petitioners, I am satisfied that the petitioners have succeeded the securities of the deceased M.R.Rajeshkumar. Therefore, the petition is ordered as prayed for and a direction for grant of Succession Certificate in favour of the petitioners with power to collect and to receive deposit specified in the schedule together with interest as applicable till the date of withdrawal, is issued.

09.01.2024

vrc

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

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O.P.No.610 of 2023

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N.SATHISH KUMAR, J.

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vrc

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O.P.No.610 of 2023

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09.01.2024

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

M.R.Devaki and 2 Others v. No Respondent

Case brief

What is this about?

What did the court decide?

M.R.Devaki and 2 Others v. No Respondent

Case brief

What is this about?

What did the court decide?

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