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2024 Supreme(Online)(Mad) 61215
IN THE HIGH COURT OF JUDICATURE AT MADRAS
Honourable Mr Justice C.V. KARTHIKEYAN
Timothy Jones – Appellant
Versus
No Respondent – Respondent
IN THE HIGH COURT OF JUDICATURE AT MADRAS DATED: 26.06.2024 CORAM THE HONOURABLE MR.JUSTICE C.V.KARTHIKEYAN O.P. No. 13 of 2024 Timothy Jones Rep. By Guardians Mrs.Pamela Thomas and Mr.C.R.Thomas … Petitioner PRAYER: Original Petition filed under Section 372 of the Indian Succession Act read with Order XXV Rule 6 of the Original Side Rules to grant the petitioner in respect of the debts and securities with accrued interest and dividend of the deceased specified in the schedule hereto.
For Petitioner : Ms.Lita Srinivasan
O R D E R
The petition has been filed taking advantage of Section 372 of the Indian Succession Act, seeking succession certificate relating to the debts and credits in the name of the mother of the petitioner, who died on
13.03.2018.
2. The petitioner is represented by his guardians namely the sister of his mother and husband of the said sister. This was necessitated since the petitioner is suffering from autism. The details of the credits had been given in the schedule to the petition.
3. After following due procedure, the petitioner was directed to tender evidence and accordingly, his guardian Pamela Thomas examined herself as P.W.1. She marked the death certificate and legal heirship certificate of the mother of the petitioner as Exs.P1 and P2. The documents relating to the credits have been marked as Exs.P6 – P21, P23, P24 and P25. The order appointing the guardians to the petitioner was marked as Ex.P22.
4. Taking into consideration the nature of evidence adduced and the documents produced, the Original Petition stands allowed. Registry to issue succession certificate in the name of the petitioner represented by the two guardians, Mrs. Pamela Thomas and Mr. C.R.Thomas.
26.06.2024 Index :Yes/No gsa APPENDIX Petitioner's witness:
P.W.1 – Mrs.Pamela Thomas Documents marked:
Exhibits
Documents
Ex.P1
Computer generated death certificate of Sheila Jones dated 13.03.2018.
Ex.P2
Computer generated legal heir certificate of Sheila Jones.
Ex.P3
Photocopy of the Aadhaar card of the petitioner (compared with the original).
Ex.P4
Photocopy of my Aadhaar card. (compared with the original).
Ex.P5
Photocopy of the Aadhaar card of C.R.Thomas (compared with the original).
Ex.P6
Photocopy of the bank pass book in Indian Overseas Bank bearing A/c.No.231901000001823 standing in the name of Ms.Sheila Jones, C.Jones Chelliah.
Ex.P7
Photocopy of the bank pass book in Indian Overseas Bank bearing A/c.No.231901000002223 standing in the name of Mr.Mothy Jones and Ms.Sheila Jones (compared with original).
Ex.P8
Photocopy of the Deposit receipt in Indian Overseas Bank dated 25.07.2014 standing in the name of Ms.Sheila Jones (compared with original).
Ex.P9
Photocopy of the Deposit Receipt dated 17.10.2014 standing in the name of Ms.Sheila Jones (compared with the original).
Ex.P10
Photocopy of the Deposit Receipt dated 06.11.2014 standing
Exhibits
Documents
in the name of Ms.Sheila Jones (compared with the original).
Ex.P11
Photocopy of the Post Office savings bank account bearing account no. 3150457564 standing in the name of Ms.Sheila Jones and C.Jones Chellilah at Choolaimedu Post Office (compared with original).
Ex.P12
photocopy of the Post Office savings bank account bearing account no.3232344287 standing in the name of Ms.Sheila Jones. (compared with original).
Ex.P13
photocopy of the Post Office savings bank account bearing account no.3627397966 standing in the name of Ms.Sheila Jones and C.Jones Chelliah at Choolaimedu Post Office. (compared with original).
Ex.P14
photocopy of the Post Office savings bank account bearing account no.3836826622 standing in the name of Ms.Sheila Jones. (compared with original).
Ex.P15
photocopy of the Post Office savings bank account bearing account no.3163644838 standing in the name of Ms.Sheila Jones and C.Jones Chelliah at Choolaimedu Post Office. (compared with origin
