Seethalakshmi Subramanian And Another v. No Respondent
Orders Reserved on 15.10.2024 Orders Pronounced on 28.10.2024 O.P.No.278 of 2024 RMT.TEEKAA RAMAN, J.
This original petition has been filed taking advantage of Section 372 of the Indian Succession Act, 1925 read with Order XXV Rule 6 of the O.S.Rules, seeking Succession Certificate in respect of securities of P.A.S.R.Krishnan, Mrs.A.K.Annapoorani and A.K.Anantharamakrishnan who died on 18.10.2008, 30.12.2020 and 11.04.2023.
2. The said deceased A.K.Annapoorani, wife of P.A.S.R.Krishnan and A.K.Anantharamakrishnan, son of P.A.S.R.Krishnan and Annapoorani, were ordinarily resided at Door No.112/220, Flat No.4, R.K.Math Road, Mylapore, Chennai - 600 004, and left property specified in the schedule hereto within the jurisdiction of this Court.
3. All three deceased died intestate.
4.The said deceased P.A.S.R.Krishnan and A.K.Annapoorani at the time of their death left the following Class-I legal heirs except their unmarried son deceased A.K.Anantharamakrishnan.
Name Relationship Age 1.
Seethalakshmi Subramanian Daughter 60 years 2.
A.K.Rajalakshmi Daughter 56 years
5. The said deceased A.K.Ananthakrishnan at the time of his death unmarried there is no Class-I legal heirs and left the following Class-II legal heirs:
Name Relationship Age 1.
Seethalakshmi Subramanian Sister 60 years 2.
A.K.Rajalakshmi Sister 56 years
6. The deceased P.A.S.R.Krishnan and A.K.Annapoorani held Saving Bank Account balance in joint and shares in joint is morefully described in the schedule hereunder and left the same at the time of their death.
7. The deceased A.K.Anantharamakrishnan held individual / self and jointly held with his parents in Savings Bank Account balance, shares, physical shares, ICICI Gold Soverign Bond and securities morefully described in the schedule hereunder and left the same at the time of his death.
8. The petitioners are daughters of the deceased P.A.S.R.Krishnan and A.K.Annapoorani and entitled equal share in their Saving Bank account balance in joint and shares in joint which is morefully described in the
schedule hereunder and the petitioners entitled succession certificate for the estate of the deceased in their favour as Class-I legal heirs.
9. The deceased A.K.Anantharamakrishnan is unmarried the petitioners are sisters and entitled equal share of his individual / self and joint Saving Bank account balance, shares, physical shares, ICICI Gold Soverign Bond and securities which is morefully described in the schedule hereunder and the petitioners entitled succession certificate for 50% each of the estate of the deceased in their favour as Class-II legal heirs. 10.After following due procedure, the petitioners were invited to tender evidence. Accordingly, the 2nd petitioner was examined as PW-1 and Exs.P1 to P20 have been marked.
11. The list of documents filed by the 2nd petitioner are given below:- Documents Exhibits 1.
The death certificate of Mr.P.A.S.R.Krishnan P1 2.
The death certificate of Mrs.A.K.Annapoorani P2 3.
The death certificate of Mr.A.K.Anantharamakrishnan P3 4.
The legal heir certificate of Mrs.A.K.Annapoorani P4 5.
The legal heir certificate of Mr.A.K.Anantharamakrishnan P5 6.
The computer generated NSDL consolidated account statement for the month of August 2023 in respect of the share held by Mr.A.K.Anantharamakrishnan P6 7.
The computer generated ICICI securities Soverign P7
Documents Exhibits Bond statement held by Mr.A.K.Anantharamakrishnan 8.
The photocopy of the share certificate of Seshasayee Paper and Boards Limited stands in the name of Mr.A.K.Anantharamakrishnan P8 9.
(Serial 2 Nos) are the photocopies of the share certificates of Reliance stands in the name of Mr.A.K.Anantharamakrishnan and Mr.A.K.Annapoorani P9 10.
(Serial 6 Nos) are the photocopies of the share certificates of Reliance stands in the name of Mr.P.A.S.R.Krishnan and Mr.A.K.Anantharamakrishnan P10 11.
The detailed policy status of Life Insurance Corporation of India held by Mr.A.K.Anantharamakrishnan P11 12.
computer generated Max Life Insurance Premium Receipt dated 31.01.2022 stands in the name of Mr.A.K.Anantharamakrishnan along with the communication dated 25.07.2023 addressed to the 2nd petitioner asking for succession certificate P12 13.
The photocopy of the Savings Pass Book of Bank of India bearing Account No.801110100008184 held by Mr.A.K.Anantharamakrishnan P13 14.
The computer generated detailed statement of ICICI bank bearing account No.154301503743 of Mr.A.K.Anantharamakrishnan P14 15.
The photocopy of the Account Pass Book of Syndicate Bank bearing Account No.60152010000926 of Mrs.A.K.Annapoorani P15 16.
The photocopy of the Account Pass Book of Syndicate Bank bearing Account No.60152010003733 of Mrs.A.K.Annapoorani and Mr.P.A.S.R.Krishnan P16 17.
The photocopy of the 2nd petitioner's Aadhar card P17 18.
The photocopy of the Aadhar card of the first petitioner P18 19.
The copy of the paper publication effected in one P19
Documents Exhibits issue of Tamil Daily "Makkal Kural" dated 02.07.2024.
20.
The certificate under Section 65B of the Indian Evidence Act, 1872.
P20
12. Hence, in view of the above narrated evidence and the schedule of the property being the nature of the shares and the petitioners are being the Class-I heir, I find that no impediment for grant of succession certificate.
13. Accordingly, this Original Petition is allowed. The Succession Certificate may be issued in favour of the petitioners with power to collect the debt and to receive interest and to transfer the fixed deposit specified in the schedule together with interest as applicable till the date of withdrawal, is issued.
28.10.2024 nvi
RMT.TEEKAA RAMAN,J., nvi Pre-Delivery order in O.P.No.278 of 2024
28.10.2024