Krishnan Subramanian v. No Respondent
IN THE HIGH COURT OF JUDICATURE AT MADRAS
(TESTAMENTARY AND INTESTATE JURISDICTION) THURSDAY, THE 29TH DAY OF AUGUST 2019 THE HON'BLE MR. JUSTICE R.SUBRAMANIAN O.P.No.251 of 2019 In the matter of Indian Succession Act, XXXIX of and In the matter of securities Debts Belonging to the R.S.Subramanian Deceased intestate
1. KRISHNAN SUBRAMANIAN Son of Late R.S.Subramanian, No.2180, Elsberry Curve, Shakopee, MN 55379, U.S.A.
2. SATHYANARAYAN SUBRAMANIAN Son of late R.S.Subramanian, No.5, Simei Street 3, No.05-12, East Point Green Tower 3B, Singapore-529 892, Nos. 1 and 2 represent by their General Power Agent, Mrs.P.S.Chitra Annapoorni, W/o.Late S.Anand, A 804, Newry Park Towers, No.9, 5th Park Road, Anna Nagar West Extension, Chennai-600 101.
..Petitioners -VsNIL ..Respondent Original Petition praying that this Hon'ble Court be pleased to grant a Succession Certificate in favour of the 2nd petitioner name Sathyanarayan Subramanian with power to collect all the debts and to recieve the interest if any
due thereon speficied in the schedule hereunder. SCHEDULE-Debts S.No.
Name of the debtor Amount of debt including interesrt, on date of application for certificate Description and date of instrument, if any, by which the debts is secured The Kumbakonam Mutual Benefit Fund Limited, Ashok Nagar, Branch.
Special Savings Deposit Pass Book Acc.No.SSd 423, dated 08.08.2011 1464.00 Ashok Nagar Post Office, Chennai Account No.0263589241, dated 27.09.2011 2,00,479.85 The Kumbakonam Mutual Benefit Fund Limited, Ashok Nagar Branch Locker Deposit Receipt No.012286, dated 02.04.2015.
1,00,000.00 Ashok Nagar Post office, Chennai Senior Citizen Saving Scheme, Account No.
3212281014, dated 14.03.2016.
8,00,000.00 Ashok Nagar Post Office, Chennai Ssenior Citizen Saving Scheme, Account No.3250248659, dated 13.04.2016.
2,00,000.00 The Kumbakonam Mutual Benefit Fund Limited, Ashok Nagar Branch Deposit receipt No.151764, dated 26.08.2017.
52,318.00 Ashok Nagar Post Office, Chennai Senior Citizen Saving Scheme, Account No.3958696202, dated 07.03.2018 5,00,000.00 This Original Petition coming on this day before this court for hearing the court made the following order: The petitioners who are the sons of late R.S.Subramanian who died intestate on 20.03.2018 seek issuance of Succession Certificate in respect of the
securities that stood in the name of deceased R.S.Subramanian.
2. The Power Agent of the petitioners has been examined as P.W.1. She has produced the Power of Attorney executed by the petitioners, appointing her as their power agent as Exs.P1 and P2. The death certificate of R.S.Subramanian has been produced as Ex.P9. Ex.P7 is the death certificate of S.Sulochana wife of R.S.Subramanian.
3. It is seen from Ex.P7 that Sulochana predeceased her husband on 21.01.2014. Ex.P10 is the legal heir ship certificate.
A perusal of Ex.P10 shows that the petitioners are only legal heirs of the deceased R.S.Subramanian. Necessary Publication has also been made and no objections have been received.
4. In the light of the above evidence, I conclude that the petitioners are the only legal heirs of the deceased and are entitled to grant of Succession Certificate. Hence, this Original Petition is allowed granting Succession Certificate in respect of the securities mentioned in the schedule to the petition in favour of the petitioners. Sd/.R.S.M.J 29.08.2019 //Certified to be a true copy// Dated this the day of 2019.
SU/16.09.2019 COURT OFFICER From 25.09.2008 the Registry is issuing certified copies of the Order/Judgment Decree in this format.