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IN THE HIGH COURT OF JUDICATURE AT MADRAS
A.D.Maria Clete, J
K.Perumal and 5 others – Appellant
Versus
No Respondent – Respondent
| Table of Content |
|---|
| 1. petition for succession certificate under succession act for intestate couple's deposits. (Para 2 , 3) |
| 2. clarified wife predeceased husband via affidavits, avoiding s.21 presumption. (Para 4 , 5 , 6 , 7) |
| 3. estate devolves to husband first, then to siblings as class ii heirs. (Para 8) |
| 4. evidence (pw1, ex.p1-p27) supports petitioners' entitlement. (Para 9 , 10 , 11) |
| 5. certificate granted for collection, not title; no costs. (Para 12 , 13) |
ORDER
Heard.
2. This Original Petition has been filed under Section 372 of the Indian Succession Act, 1925, read with Order XXV Rule 6 of the Original Side Rules, for grant of succession certificate in favour of the petitioners in respect of the debts and deposits standing in the names of late Mr.Radhakrishnan and late Mrs.Leelavathy.
3. The petitioners are the brothers and sisters of late Mr.Radhakrishnan. The case of the petitioners is that Mr.Radhakrishnan and his wife Mrs.Leelavathy died intestate on 16.05.2021 and without leaving any issue. The petitioners seek succession certificate for collecting the amounts lying in the bank and post office accounts mentioned in the schedule to the petition.
4. By order dated 06.04.2026, this
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