Bhama Balakrishnan v. Nil
ABDUL QUDDHOSE, J.
This Original petition has been filed for grant of succession certificate in favour of the petitioner.
2. The petitioner is the sister of the deceased L.Shanthi who died on 01.04.2020 leaving behind the security/debts morefully described in the schedule to the petition. The deceased L.Shanthi died as a spinster and her father predeceased her and her mother died on 28.07.2020 and the petitioner is the only surviving class-II legal heir.
3. Before the learned Master, the petitioner was examined as a witness PW1 and in her deposition, she has reiterated the contents of the petition filed in support of O.P.No.420 of 2021. Through PW1, the following documents were marked as exhibits:
Exhibits Nature of documents P1 Photocopy of the Ration Card of A.Lakshmipathy P2 True copy of the Fixed Deposit Account No.708374654/D.R.No.876170 dated 07.05.2014 P3 True copy of the Fixed Deposit Account No.709935804/D.R.No.876983 dated 21.01.2015
Exhibits Nature of documents P4 True copy of the Fixed Deposit Account No.715627349/D.R.No.039146 dated 29.01.2018 P5 Photocopy of the Bank passbook of A/c.No.234033520 P6 Photocopy of the death certificate of A.Lakshmipathy who died on 24.09.2013 P7 Photocopy of the death certificate of L.Shanthi dated 01.04.2020 P8 Photocopy of the Death Certificate of V.D.Rani Bai dated 28.07.2020 P9 Printout of the Legal Heir Certificate of V.D.Rani Bai dated 08.09.2020 P10 Copy of the Letter sent by the petitioner to Tahsildar dated 28.10.2020 P11 Photocopy of the Proceedings of Tahsildar dated Nil-11-2020. P12 Photocopy of the Aadhar of the petitioner P13 Original paper publication dated 08.09.2021.
4. As seen from the evidence available on record, L.Shanthi died on 01.04.2020 as seen from her death certificate which has been marked as Ex.P7. She has left behind the fixed deposits standing in her name morefully described in the schedule to the petition which are confirmed by Ex.P2 to Ex.P4. The photocopy of the Bank Passbook pertaining to A/c.No.234033520 has also been marked as Ex.P5 which also forms part of the schedule filed along with this petition. The death certificate of A.Lakshmipathy and V.D.Rani Bai who are the parents of the deceased L.Shanthi have also been marked as Ex.P6 & Ex.P8 respectively. The
legal heirship certificate of the deceased V.D.Rani Bai who died on 28.09.2020 which has been marked as Ex.P9 will confirm that the petitioner herein and L.Shanthi are her daughters and L.Shanthi predeceased her. Therefore, it is clear that the petitioner is the only classII legal heir of the deceased L.Shanthi who has left behind the security / debts morefully described in the schedule to the petition.
5. An averment has also been made in the petition that no application has been made to the District Court or delegate or to any High Court for Probate of any Will of the deceased or Letters of Administration with or without the Will annexed to his properties and credits. No application for Succession Certificate in respect of any debts or security belonging to the estate of the deceased has been made to any District Court or delegate or to any High Court.
6. After giving due consideration to the pleadings and evidence available on record, this Court is inclined to grant succession certificate sought for by the petitioner in O.P.No.420 of 2021. Accordingly, the Original Petition is allowed.
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ABDUL QUDDHOSE, J.
nl 14.12.2021