S.Sathiyamurthy v. Nil
KRISHNAN RAMASAMY.J., This Petition has been filed under Section 372 of the Indian Succession Act read with Order XXV Rule 6 of Original Side Rules, to grant succession certificate in favour of the petitioner.
2. It is the case of the petitioner that he is the husband of the deceased S.Ramamani, who died intestate on 24.03.2021 and have no children, hence, the petitioner is the sole surviving Class I legal heir of the deceased S.Ramamani and the petitioner is filing this petition for grant of Succession Certificate.
3. It is further stated that other than the petitioner, there are no other relatives to succeed the estate as legal heir, accordingly a legal heirship certificate dated 30.07.2021 was issued by the Tahsildar, Purasawalkam. Therefore, the petitioner is entitled to the share of the estate of his deceased- wife.
4. No application for a succession certificate in respect of any debt or security belonging to the estate of the said deceased has been made to any District Court or delegate or to any High Court. Hence, the petitioner
has approached this Court for grant of succession certificate in favour of him with power to collect securities and to receive interest, dividends thereon and negotiate and transfer the securities specified in the petition schedule.
5. In order to prove the case, the petitioner is examined as PW.1 and marked Exs.P1 to P15. Ex.P1 is the photocopy of the Aadhar card of the petitioner. Ex.P2 is the photocopy of the death certificate of Mrs.S.Ramamai. Ex.P3 is the photocopy of the legalheirship certificate of Mrs.S.Ramamani bearing No.TN-7202107144380 issued by the Tahsildar, Guindy Taluk. Ex.P.4 is the photocopy of the fixed deposit No.0120200833432 in Tamilnadu Power Finance and Infrastructure development Corporation Ltd., Ex.P.5 is the photocopy of the Recurring deposit account no.6981094433 in Indian Bank, South Usman Road, T.Nagar, Chennai - 17. Ex.P.6 is the photocopy of the Post office SB Auto Account No.4114940733 in T.Nagar, Head Post Office, Chennai - 17. Ex.P.7 is the photocopy of the Pensioner Fixed deposit Receipt No.PFD026882 in the Mylapore Hindu Permanent Fund Limited, Mylapore, Chennai. Ex.P.8 is the photocopy of the Pensioner Fixed Deposit Receipt No.PFD0222544 in the Mylapore Hindu Permanent Fund Limited,
Mylapore, Chennai. Ex.P.9 is the photocopy of the Pensioner Fixed Deposit No.PFD024779 in the Mylapore Hindu Permanent Fund Limited, Mylapore, Chennai. Ex.P.10 is the photocopy of the Fixed Deposit Receipt No.2047670 in the Kumbakonam Mutual Benefit Fund Limited, T.Nagar, Chennai - 17. Ex.P.11 is the photocopy of the Fixed Deposit Receipt No.2177461 in the Kubakonam Mutual Benefit Fund Limited, T.Nagar, Chennai - 17. Ex.P.12 is the photocopy of the Fixed deposit receipt no.2177599 in the Kumbakonam Mutual Benefit Fund Limited, T.Nagar, Chennai - 17. Ex.P.13 is the photocopy of the Savings Account No.5174 in the Kumbakonam Mutual Benefit Fund Limited, T.Nagar, Chennai - 17. Ex.P.14 is the photocopy of the Share Certificate No.199973 for share nos.21933624 - 21933723 having face value of Rs.
100/- in the Mylapore Hindu Permanent Fund Limited, Mylapore, Chennai. Ex.P.15 is the photocopy of paper publication effected in one issue of Tamil Daily 'Makkal Kural' dated 14.06.2022. Further, this Court has not received any objection from any of the individual for grant of succession certificate to the petitioner.
6. Considering the averments made in the petition and the evidence tendered by PW.1 along the documents marked as Exs.P1 to P15, this Court is satisfied that the petitioner has succeeded the Estate of the
deceased S.Ramamani. Therefore, the petition is ordered as prayed for with a direction for grant of Succession Certificate to the petitioner with power to collect the debts and to receive the interest and dividends, bonds, shares and negotiate and transfer the securities specified in the schedule.
7. Accordingly, the petitioner is entitled for the relief as prayed for and this Original Petition stands allowed.
02.08.2022 ssd
KRISHNAN RAMASAMY.J., ssd 02.08.2022