Mrs.Anuradha Krishnan And Another v. No Respondent
O.P.No.223 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 under Order XXV Rule 6 of O.S.Rules, 1956, seeking Succession Certificate with respect to the debts in the name of Swarna Ramamurthi, who died on 04.08.2022. The petitioners are the daughter and son of the deceased. They filed an application for succession certificate. The details of the securities had been given in the schedule to the petition. Paper Publication has been effected. 2.The deceased died intestate and that due and diligent search has been made for a Will but none has been found. The succession certificate is required for the purpose of collect of Public Provident Fund in Post office. The said assets in respect of which the succession certificate is required are of the value of Rs.53,11,855/-
3. After following due procedure, the petitioners were invited to tender evidence. Accordingly, the 1st petitioner was examined as PW-1 and Exs.P1 to P9 had been marked.
4. The list of documents filed by the petitioners are given below: Sl.
Documents Exhibits No.
1.
The photocopy of the death certificate of Mr.K.S.Ramamurthi P1 2.
The photocopy of the post office Public Provident Fund pass book bearing account No.0000228183 stands in the name of Mrs.N.Swarnam.
P2 3.
The computer generated death certificate of Mrs.Swarna Ramamurthi P3 4.
The computer generated legal heir certificate of Mrs.Swarna Ramamurthi.
P4 5.
The photocopy of the petitioner's Aadhar card P5 6.
The photocopy of the petitioner's Pan card P6 7.
The photocopy of the Pan card of the second petitioner P7 8.
The copy of the paper publication effected in one issue of Tamil Daily "Makkal Kural" dated 22.06.2024 P8 9.
The certificate under Section 65B of the Indian Evidence Act, 1872.
P9
5. Paper Publication was effected. The learned Master has not received any objections.
6. In view of both the oral and documentary evidences adduced before this Court, I find no impediment for grant of succession certificate.
7. Considering the averments made in the petition and the documents filed by the first petitioner, I am satisfied that the first petitioner has succeeded the debts of the deceased Swarna Ramamurthi. Therefore, the petition is ordered as prayed for and a direction for grant of Succession Certificate in favour of the 1st petitioner 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. 18.10.2024 nvi
RMT.TEEKAA RAMAN ,J.
nvi O.P.No.223 of 2024 18.10.2024