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Madras High CourtOP/273/2022allowed

V.Selvakumaran And 3 Others v. Nil

2022-11-28Honourable Mr Justice C.V. Karthikeyan2 pages

O.P.No. 273 of 2022 C.V.KARTHIKEYAN, J.

This Petition has been filed under Section 372 of the Indian Succession Act, 1925 seeking Succession Certificate relating to the debts namely, the amount lying in the savings bank account, Anna Road Head Post Office, Chennai, in the name of D.Vadivelu, the father of the petitioners, who died intestate on 27.05.2021. The mother of the petitioners, had predeceased and had died on 16.04.2021. She was named as the nominee. In view of the death, the petitioners, as legal representatives they were entitled for the amount lying in the said savings bank account. 2.

After due process, the petitioners were directed to tender evidence. The first petitioner V.Selvakumaran examined himself as PW-1. The death certificate of the father and of the mother were marked as Exs. P-1 and P-3. The legal heirship of the father was marked as Ex.P-2.

3.

In Exs. P-1 and P-2 the initial has been given as P.Vadivelu whereas the correct initial is D.Vadivelu. Even in the death certificate, the name of the father of Vadivelu is given and https://www.mhc.tn.gov.in/judis

C.V.KARTHIKEYAN, J.

vsg that is given as Devaraj. Therefore, I would taken on record Exs. P1 and P-2. The details relating to the saving bank account had been marked as Ex.P-7 and again the name has been correctly given as D.Vadivelu. The consent affidavits of the second, third and fourth petitioners have been marked as Exs. P-4 and P-6.

4. In view of the evidence presented, this Petition stands allowed as prayed for and a direction for grant of Succession Certificate to the first petitioner with power to collect the debts and to receive interest specified in the schedule is issued. The first petitioner is directed to render accounts once in a year. 28.11.2022 Index:Yes/No Internet :Yes/No vsg O.P.No. 273 of 2022 https://www.mhc.tn.gov.in/judis