O.P.No.1027 of 2018 O.P.No.1027 of 2018 K.KALYANASUNDARAM, J., This petition has been filed under Section 372, Part X of the Indian Succession Act XXXIX of 1925 under Order XXV Rule 6 of O.S.Rules to grant succession certificate in favour of the first petitioner.
2. In the petition, it is stated that the deceased S. Lakshmi, W/o. late S.N.Srinivasan ordinarily resided at No. E. Block, G.K. Flats, West Sivan Koil Street, Vadapalani, Chennai 600 026 and died on 23.06.2017. The deceased died intestate and that due and diligent search has been made for a Will but none has been found. The petitioners are the daughter and son of the deceased and they are the only surviving legal heirs of the deceased as evidenced by the Legal heirship certificate dated 14.09.2017 issued by the Tahsildar, Mambalam Taluk, Chennai 600 078. The value of claim in respect of which the succession certificate is required is Rs.2,42,081/-
3. No application has been made to any District Court or delegate or to any High Court for Probate of any Will of the deceased or for Letters of Administration with or without the Will annexed to the properties and credits. No application for a succession certificate in respect of any debt or security belonging to the estate of the deceased has been made to any District Court or Delegate or to any High Court.
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4. The First petitioner examined himself as PW1 and deposed evidence and marked exhibits P1 to P5.
(1) Ex.P1 is the computer generated death certificate of S.lakshmi, who died on 23.06.2017.
(2) Ex.P2 is the photocopy of the Legal Heirship Certificate dated 14.09.2017 in respect of S. Lakshmi. (3) Ex.P3 is the photocopy of the Post Office Passbook for the account No.7189576746 (Old account No.4469387) maintained by S. Lakshmi with post office, Villivakkam. (4) Ex.P4 is the consent affidavit given by the second petitioner.
(5) Ex.P5 is a copy of paper publication effected in one issue of Tamil daily "Maalai Murasu" dated 17.03.2019. She has further stated that she has not filed any other petition before any other Court seeking the same relief.
5. Considering the averments made in the petition and the documents filed by the petitioners, I am satisfied that the petitioners have succeeded the Estate of the deceased. Therefore, the petition is ordered with a direction to grant Succession Certificate to the first petitioner with power to collect the debts and to receive the interest specified in the schedule. The petitioners are directed to render account once in a year.
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