P.Elangovan And 4 Others v. No Respondent

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 14.10.2024

CORAM

THE HONOURABLE MR.JUSTICE RMT.TEEKAA RAMAN

1. P.Elangovan

2. P.Kannan

3. Venkatesan Pachaiyappan

4. P.Santhakumari

5. Hemalatha Manivannan ...

Petitioners PRAYER: Original Petition filed under Section 372 of Indian Succession Act, XXXIX of 1925 and Order XXV Rule 6 of Original Side Rules, praying that a Succession Certificate may be granted to the 1st petitioner namely Mr.Elangovan with power to collect the debt and to receive the interest specified in the schedule.

For Petitioners : Mr.Abdul Rahman

O R D E R

This Original Petition has been filed under Section 372 of Indian Succession Act, XXXIX of 1925 and Order XXV Rule 6 of Original Side 1/5

Rules, praying that a Succession Certificate may be granted to the 1st petitioner with power to collect the debt and to receive the interest specified in the schedule.

2. It is submitted by the learned counsel for the petitioner that Mr.R.Pachaiyappan died intestate on 19.03.2020 at his ordinary place of residence, No.24, AGS Colony, 2nd Street, Chrompet, Pallavaram, Kancheepuram, Chennai 600 044. At the time of his death, he left certain amount in his Post Office Saving Scheme at Anna Road, Head Post Office, Chennai. The deceased Mr.R.Pachaiyappan had a wife Mrs.Dhanalakshmi, who passed away on 16.01.2021. He has 3 sons viz., P.Elangovan, P.Kannan and Venkatesan and one daughter, P.Santhakumari and a granddaughter Hemalatha, who are the petitioners. The petitioners herein are the Class-1 Legal Heirs of the deceased Mr.R.Pachaiyappan. The parents of the deceased predeceased him.

3. It is further submitted by the learned counsel for the petitioners that the amount for which the succession certificate is required is valued at Rs.14,35,738/-. The learned counsel for the petitioner added that the petitioners 2 to 5 have no objection for the issuance of succession certificate in 2/5

the name of the 1st petitioner, Mr.P.Elangovan, allowing him to collect the said amount. Therefore, it is prayed that the succession certificate be granted to the 1st petitioner herein to collect the amount from the Post Office Savings Scheme.

4. After following due procedure, the petitioners were invited to tender evidence. The first petitioner, Mr.P.Elangovan has examined himself as P.W.1 and marked Exs.P1 to P13.

5. In view of both oral and documentary evidences adduced before this Court, I find no impediment to grant succession certificate to the 1st petitioner.

6. Hence, this Original Petition stands allowed. The Succession Certificate may be issued in favour of the 1st petitioner in accordance with the rules, with power to collect the debt and to receive the interest specified in the schedule.

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APPENDIX Petitioner's witness:

P.W.1 - Mr.P.Elangovan Documents marked:

S.No Particulars Exhibits Computer generated death certificate of Mrs.P.Dhanalakshmi P1 Computer generated death certificate of Mrs.R.Pachaiyappan P2 Computer generated legal heir ship certificate of Mr.R.Pachaiyappan P3 Computer generated death certificate of Mrs.P.Vani P4 Photocopy of the legal heir ship certificate of Mrs.P.Vani (Compared with the original).

P5 Original post office deposit account statement bearing A/c.ID.No.0055782807 in respect of Mr.R,Pachaiyappan P6 Photocopy of Aadhar Card (P.W.1) (Compared with the original) P7 Photocopy of the Aadhaar card of the second petitioner (Compared with the original) P8 Photocopy of the Aadhaar card of the third petitioner (Compared with the original) P9 Photocopy of the Aadhaar card of the fourth petitioner (Compared with the original) P10 Photocopy of the Aadhaar card of the fifth petitioner (Compared with the original) P11 Copy of the paper publication effected in one issue of Tamil Daily "Makkal Kural" dated 08.07.2021 P12 Certificate under Section 65B of the Indian Evidence P13 5/5

S.No Particulars Exhibits Act, 1872.

14.10.2024 spp 6/5

RMT.TEEKAA RAMAN, J.

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