R.Ravi v. No Respondent
/ 1 /
IN THE HIGH COURT OF JUDICATURE AT MADRAS
(TESTAMENTARY AND INTESTATE JURISDICTION) FRIDAY, THE 18TH DAY OF DECEMBER 2020 THE HON'BLE MR. JUSTICE N.SATHISH KUMAR O.P.No 166 of 2020 In the matter of the Indian Successsion Act XXXIX of 1925 and In the matter of (certain debts Raghavan .R (deceased intestate)
1. R.RAVI S/o.Late Mr.R.Raghavan, residing at No.12/16, 3rd Main Road, Kottur Gardens, Chennai-600 085
2. R.RAJAGOPAL S/o.Late Raghavan, No.D10, Sreshtha, Kilpauk Garden Road, Chennai-600 010 ..Petitioners Original Petition praying that this Hon'ble Court be pleased that this Honourable Court may be pleased to grant Succession Certificate to the petitioners herein, with power to collect the debts and to receive the interest specified in the schedule in the petition.
This original petition coming on this day before this court for hearing the court made the following order:
/ 2 / This Petition has been filed under Section 372 of the Indian Succession Act read with Order XXV Rule 6 of the Madras High Court Original Side Rules, to grant succession certificate in favour of the petitioner.
2.Heard the learned counsel for the petitioners.
3. It is the case of the petitioners that R.Raghavan died on 08.11.2014 at K.S.Hospital, 47, P.H.Road, Kilpauk, Chennai 600 010. He was ordinarily residing at 44-B, Mandapam Road, Kilpauk, Chennai 600
010. The deceased died intestate and though due and diligent search has been made for a Will, none has been found. Petitioners are the sons of the deceased. The wife of the deceased R.Lakshmi died on 06.04.2019. The petitioners are the only legal heirs of the deceased R.Raghavan. The succession certificate is required for the purpose of withdrawing the amount left in the PPF account in the name of the deceased. The Public Provident Fund in respect of which the succession certificate is required is of the value of Rs.57,97,765.93/-. No application for a succession certificate has been made to any District Court or delegate or to any High Court. Hence, the petitioners have approached this Court for grant of succession certificate in
/ 3 / their names with power to collect the debts and to receive the interest specified in the schedule.
4.The second petitioner examined himself as P.W.1 and marked Exs.P1 to P6 viz.,.
Ex.P1 is the computer generated copy of the death certificate of R.Raghavan, who died on 08.11.2014.
Ex.P2 is the photocopy of the legal heirship certificate dated 22.12.2014 in respect of R.Raghavan (Marked after comparing and verifying with the original) Ex.P3 is the computer generated copy of the death certificate of R.Lakshmi, who died on 06.04.2019.
Ex.P4 is the photocopy of the first and last page of State Bank of India passbook bearing account No.10005684377 in respect of R.Raghavan (Marked after comparing and verifying with the original) Ex.P5 is the Form - G application Ex.P6 is a copy of paper publication effected in one issue of Tamil daily "Makkal Kural" dated 10.11.2020.
He has further stated in his evidence that they have 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
/ 4 / succeeded the Estate of the deceased R.Raghavan. Therefore, the petition is ordered as prayed for and a direction for grant of Succession Certificate to the petitioners with power to collect the debts and to receive the interest specified in the schedule, is issued.
Sd/-N.S.K.J.
18.12.2020 //Certified to be a true copy// Dated this the day of 2021.
SU.19.01.2021 COURT OFFICER(O.S.) From 25.09.2008 the Registry is issuing certified copies of the Order/Judgment Decree in this format.