Mr.S.Mahalingam v. No Respondent
IN THE HIGH COURT OF JUDICATURE AT MADRAS
(TESTAMENTARY AND INTESTATE JURISDICTION) FRIDAY, THE 13TH DAY OF MARCH 2020 THE HON'BLE MS. JUSTICE P.T.ASHA A.No.1112 of 2020 in O.P.No.372 of 1990 In the matter of Indian Succession Act, XXXIX of and In the matter of certain securities belonging to V.Sethuraman, Former Judge, High Court, Madras-Deceased.
Mr.S.MAHALINGAM S/o.Late Justice V.Sethuraman No.6 Subbaraya Avenue, Abhiramapuram, Chennai - 600 018.
..Applicant/Petitioner This application praying that this Hon'ble Court be pleased to extend the operation of the succession certificate issued in the name of the Applicant/Petitioner by this Court in O.P.No.372 of 1990 so as to include the power to the applicant/petitioner to collect the debt, namely amounts belonging to the said deceased standing to the credit of the Public Provident Fund Account No.10029882917 with the State Bank of India, Raja
Annamalaipuram Branch, Chennai -28 specified in the schedule (in the Petition) and to collect the interest thereon. This application coming on this day before this court for hearing the court made the following order:- The above application has been filed by the petitioner seeking to extend the operation of the Succession Certificate which is issued in the name of the applicant/petitioner by orders of this Court dated 19.11.1990 in O.P.No.372 of 1990.
2.The reason for preferring the above application is as follows: The deceased father of the applicant, who is the retired Judge of this Hon'ble Court, had died intestate on 04.09.1987 and the application was moved for issuance of Succession Certificate with reference to specified securities.
3.It is the contention of the applicant in the affidavit that while moving the Original Petition, they had omitted to include the PPF Account No.10029882917 lying in the name of their father. They came to know about the same after the death of his mother on 22.01.2019 while going through her cupboard. Immediately, they had made an enquiry to the Bank and came to know that a PPF Account was maintained in the name of the deceased father Mr.V.Sethuraman with the Bank and they have been advised to get the Succession Certificate.
4.The Bank has also issued a letter dated 03.12.1999 in which they had intimated that in order to settle the proceeds lying in the PPF account, they require orders of this Court. It is for the reason the present petition is moved.
5.The other two legal heirs namely, Mr.S.Krishnan and Mrs.Jaya Gopalakrishnan, the siblings of the applicant and the children of the deceased Justice V.Sethuraman have given their consent. Considering the above submissions, the above Application is ordered and the Succession Certificate issued by orders of this Court dated 19.11.1990 in O.P.No.372 of 1990 is extended to include the power to collect the debt, namely, the amounts belonging to the deceased V. Sethuraman standing to the credit of the PPF Account. Sd/.P.T.A.J.
13.03.2020 //Certified to be a true copy// Dated this the day of 2020. SU/19.03.2020 COURT OFFICER (O.S.) From 25.09.2008 the Registry is issuing certified copies of the Order/Judgment Decree in this format.