O.P.No.618 of 2022

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 19.04.2023

CORAM

THE HONOURABLE MR.JUSTICE K.KUMARESH BABU

O.P.No.618 of 2022

1.B.Kolila

2.B.Vinoth

3.B.Dilip

... Petitioners

PRAYER: Original Petition filed for Succession Certificate under Section

372 of Indian Succession Act, 1925 under Order XXV Rule 6 of Original

Side Rules, prays that a Succession Certificate may be granted in favour of

the first Petitioner/ wife of deceased Balaramudu with powers to collect the

debts and to receive the interest as specified in the schedule annexed hereto.

For Petitioners : Mr.K.S.Senthil

ORDER

The petitioners seeks Succession Certificate in respect of the debts

held by Balaramudu, who died intestate on 07.09.2020. The deceased has

married one Nagammal, and she died on 30.10.1981, and out of the wedlock

they had no issues. The first petitioner is the wife out of the second marriage

and second and third petitioners are the sons of the deceased Balaramudu.

2. The first petitioner has been examined as P.W.1. She has produced

the death certificates of the deceased Balaramudu and Nagammal, as Exs.P2

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O.P.No.618 of 2022

and P1. The legal heirship certificate of the deceased Balaramudu, has been

produced as Ex.P9. A perusal of Ex.P9 shows that the petitioners are the

only Class-I legal heirs of the deceased Balaramudu. A paper publication

has been made and any objections have not been received.

3.In view of the above evidence, the Original Petition is allowed by

granting Succession Certificate in favour of the first petitioner, in respect of

the debts mentioned in the schedule to the petition.

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Index :Yes/No

Speaking: Yes/ No

Neutral Citation: Yes/ No

Petitioner's witness:

P.W.1 – Mrs.B.Kokila

Documents exhibited by the petitioners:

Exhibits

Documents

Ex.P1

Computer generated death certificate of Nagammal

Ex.P2

Computer generated death certificate of K.Balaramudu

Ex.P3

Photocopy of the pension payment order of Balaramudu in

Corporation of Chennai

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O.P.No.618 of 2022

Exhibits

Documents

Ex.P4

Photocopy of the identity card of Balaramudu issued by

Chennai Corporation

Ex.P5

Photocopy of the pass book in Indian Overseas Bank, Choolai

Branch held by K.Balaramudu

Ex.P6

Photocopy of the pass book in Indian Bank, Purasaiwalkam

Branch held by the 1^st petitioner

Ex.P7

Photocopy of the family card for the period of 2005-2009 of

Balaramudu

EX.P8

Photocopy of the 1^st petitioner's smart card issued by the

Government of Tamil Nadu

Ex.P9

Computer generated Legal heirship certificate of

K.Balaramudu

Ex.P10

Photocopy of the Aadhaar card of Balaramudu

Ex.P11

Photocopy of the 1^st petitioner's Aadhar card

Ex.P12

Photocopy of the Aadhaar card of 2^nd petitioner

E.P13

Photocopy of the Aadhaar card of 3^rd petitioner

Ex.P14

Copy of paper publication effected in one issue of Tamil daily

“Makkal Kural' dated 10.02.2023

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O.P.No.618 of 2022

K.KUMARESH BABU,J.

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O.P.No.618 of 2022

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