O.P.No.198 of 2022

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 15.03.2023

CORAM

THE HONOURABLE MR.JUSTICE K.KUMARESH BABU

O.P.No.198 of 2022

1.ManoharDhanva

2.Vijaya Krishnakumar

… Petitioners

Vs

Prema Ramaswamy

… Respondent

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 with powers to collect the debts as specified in the

schedule annexed hereto and to permit the petitioner to open the bank locker

in the presence of the Bank Manager.

For Petitioners : Mr.R.Gokul

ORDER

The petitioners seek Succession Certificate in respect of the debts

held by A.C.Chandra, who died intestate on 27.05.2018. The 1^st petitioner is

the son, 2^nd pettioner is the daughter and the respondent is the sister of the

deceased A.C.Chandra.

2. The 1^st petitioner has been examined as P.W.1. He has produced the

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O.P.No.198 of 2022

death certificate of the deceased A.C.Chandra, as Ex.P1, and the legal

heirship certificate of the deceased A.C.Chandra, as Ex.P2. A perusal of

Ex.P2 shows that the petitioners are the only legal heirs of the deceased

A.C.Chandra, as her husband pre-deceased her as early as 1982. A paper

publication has been made and no objections have been received.

3. The Court notice issued upon the respondent had been returned by

the baliff of this court with an endorsement that, despite several attempts the

outer door of the repondent's house was found locked, and therfore the same

was returned. This court directed substituted service on the respondent by

paper publication, which has also been effected and proof of such paper

publication was also filed by the petitioners. Hence, pursuant to the general

publication issued, no objections have been received, in this original

Petition from the respondent herein or from any other person.

4.In view of the above facts and evidence, the Original Petition is

allowed granting Succession Certificate in favour of the petitioners, in

respect of the schedule mentioned debts to the petition.

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O.P.No.198 of 2022

Index :Yes/No

Petitioner's witness:

P.W.1 – Mr.Manohar Dhanva

Documents exhibited by the petitioners:

Exhibits

Documents

Ex.P1

Computer generated death certificate of A.C.Chandra

Ex.P2

Computer generated legal heirship certificate of A.C.Chandra

Ex.P3

Photocopy of the letter dated 17.04.2021 sent by me to the

Manager, Bank of India

Ex.P4

Photocopy of the letter dated 19.04.2021 sent by me to the

A&S Manager, Bank of India

Ex.P5

Photocopy of the letter dated 21.04.2021 sent by me to the

A&S Manager, Bank of India

Ex.P6

Photocopy of the letter dated 21.04.2021 addressed to me to by

the Chief Manager, Bank of India

Ex.P7

Copy of paper publication effected in one issue of Tamil daily

“Makkal Kural” dated 29.12.2022.

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O.P.No.198 of 2022

K.KUMARESH BABU,J.

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O.P.No.198 of 2022

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