Smt.Sunitha A v. Smt.Meera Mitra And 4 Others

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 20.03.2025

CORAM

THE HONOURABLE MR.JUSTICE K.KUMARESH BABU Smt.Sunitha A.

...Petitioner

vs.

1.Smt.Meera Mitra 2.Smt.Preethy Krishnan 3.Sri.Rajiv Balakrishnan 4.Smt.Sarasa Lakshmanan 5.Smt.Suma Shankar

...Respondents

PRAYER: Original Petition filed under Section 372 of the Indian Succession Act XXXIX of 1925 and under Order XXV Rule 6 of Original Side Rules, praying that a Succession Certificate may be granted to the petitioner with power to collect the debts and to receive interest thereon specified in the Schedule hereunder.

For Petitioner : Mr.V.Srikanth For Respondents : No appearance

ORDER

The petitioner seeks Succession Certificate in respect of the securities held by Late A.Vijayaraghavan, who died intestate on 05.04.2018. The wife of the deceased predeceased him on 19.09.2016. The deceased and his wife died issueless. Though the deceased executed a will dated 04.10.2017 1/7

excluded the debt's specified in this petition. The respondents 1 to 3 are the children of the deceased's elder brother. The petitioner and the fifth respondent are the daughter and fourth respondent is the wife of the deceased's younger brother. The petitioner and respondents are the only surviving legal heir of the deceased late.A.Vijayaraghavan.

2. The petitioner has examined herself as PW1. She has produced the computer generated death certificates of the deceased and his wife as Ex.P26 and Ex.P27. A paper publication was made and marked as Ex.P29, wherein it is stated that the petitioner and the respondents are the surviving legal heirs of the deceased A.Vijayaraghavan. No objection was received from any person. The consent affidavits of the respondents had been filed.

3. The assertions in the petition have been duly proved by adducing oral evidence supported by documents. In these circumstances, the petitioner is entitled to the relief.

4. In view of the above evidence, the Original Petition is allowed granting Succession Certificate in favour of the petitioner, in respect of the 2/7

securities mentioned in the schedule to the petition. 20.03.2025 kak Index :Yes/No Petitioner's witness:

P.W.1 - Mrs.A.Sunitha Documents exhibited by the petitioners:

Exhibits Documents Ex.P1 Photocopy of the Fixed Deposit Receipt dated 13.06.2016 bearing No.TDR/CBS-Y 751281, Allahabad Bank, Anna Nagar East Branch standing in the name of Mr.A.Vijayaraghavan and Mrs.Sita Vijayan (Compared with the original) Ex.P2 Photocopy of the Fixed Deposit Receipt dated 07.05.2018 bearing No.TDR/CBS-Y 248289, Allahabad Bank, Anna Nagar East Branch standing in the name of Mr.A.Vijayaraghavan and Mrs.Sita Vijayan (Compared with the original) Ex.P3 Photocopy of the Fixed Deposit Receipt dated 07.05.2018 bearing No.TDR/CBS-AA 248290, Allahabad Bank, Anna Nagar East Branch standing in the name of Mr.A.Vijayaraghavan and Mrs.Sita Vijayan (Compared with the original) Ex.P4 Photocopy of the Fixed Deposit Receipt dated 07.05.2018 bearing No.TDR/CBS-AA 248291, Allahabad Bank, Anna Nagar East Branch standing in the name of Mr.A.Vijayaraghavan and Mrs.Sita Vijayan (Compared with the original) Ex.P5 Photocopy of the Fixed Deposit Receipt dated 07.05.2018 bearing No.TDR/CBS-AA 248292, Allahabad Bank, Anna Nagar East Branch standing in the name of 3/7

Mr.A.Vijayaraghavan and Mrs.Sita Vijayan (Compared with the original) Ex.P6 Photocopy of the Fixed Deposit Receipt dated 11.11.2013 bearing Account No.5408957, City Union Bank Ltd, Anna Nagar East Branch standing in the name of Lt Col. Mr.A.Vijayaraghavan (Compared with the original) Ex.P7 Photocopy of the Fixed Deposit Receipt dated 13.11.2013 bearing Account No.5414833, City Union Bank Ltd, Anna Nagar East Branch standing in the name of Lt Col.Mr.A.Vijayaraghavan (Compared with the original) Ex.P8 Photocopy of the Fixed Deposit Receipt dated 22.11.2013 bearing Account No.5440531, City Union Bank Ltd, Anna Nagar East Branch standing in the name of Lt Col.Mr.A.Vijayaraghavan (Compared with the original) Ex.P9 Photocopy of the Fixed Deposit Receipt dated 22.11.2013 bearing Account No.

5440520, City Union Bank Ltd, Anna Nagar East Branch standing in the name of Lt Col.Mr.A.Vijayaraghavan (Compared with the original) Ex.P10 Photocopy of the Term Deposit Receipt dated 20.12.2016 bearing Account No.014944300001064/3, Dhanlaxmi Bank Ltd, Anna Nagar East Branch standing in the name of Mr.A.Vijayaraghavan (Compared with the original) Ex.P11 Photocopy of the Term Deposit Receipt dated 24.11.2017 bearing Account No.014944300001665/3, Dhanlaxmi Bank Ltd, Anna Nagar East Branch standing in the name of Mr.A.Vijayaraghavan (Compared with the original) Ex.P12 Photocopy of the Term Deposit Receipt dated 08.11.2017 bearing Account No.014944300001644/3, Dhanlaxmi Bank Ltd, Anna Nagar East Branch standing in the name of Mr.A.Vijayaraghavan (Compared with the original) Ex.P13 Photocopy of the Term Deposit Receipt dated 21.03.

2017 bearing Account No.014944300001644/2, Dhanlaxmi Bank Ltd, Anna Nagar East Branch standing in the name of Mr.A.Vijayaraghavan (Compared with the original) Ex.P14 Photocopy of the Term Deposit Receipt dated 05.06.2017 bearing Account No.014944300001585/2, Dhanlaxmi Bank Ltd, Anna Nagar East Branch standing in the name of Mr.A.Vijayaraghavan (Compared with the original) Ex.P15 Photocopy of the Term Deposit Receipt dated 27.06.

bearing Account No.014944300001665/2, Dhanlaxmi Bank Ltd, Anna Nagar East Branch standing in the name of Mr.A.Vijayaraghavan (Compared with the original) Ex.P16 Photocopy of the Fixed Deposit Receipt dated 13.09.2016 bearing Account No.530603020091274, Union Bank of India Ltd, Anna Nagar East Branch standing in the name of Mr.A.Vijayaraghavan (Compared with the original) Ex.P17 Photocopy of the Fixed Deposit Receipt dated 11.07.2014 bearing Account No.530603020090878, Union Bank of India Ltd, Anna Nagar East Branch standing in the name of Mr.A.Vijayaraghavan (Compared with the original) Ex.P18 Photocopy of the Fixed Deposit Receipt dated 11.07.2014 bearing Account No.530603020090882, Union Bank of India Ltd, Anna Nagar East Branch standing in the name of Mr.A.Vijayaraghavan (Compared with the original) Ex.

P19 Photocopy of the Fixed Deposit Receipt dated 11.07.2014 bearing Account No.530603020090879, Union Bank of India, Anna Nagar East Branch standing in the name of Mr.A.Vijayaraghavan (Compared with the original) Ex.P20 Photocopy of the Fixed Deposit Receipt dated 29.11.2015 bearing Account No.530603020091077, Union Bank of India Ltd, Anna Nagar East Branch standing in the name of Mr.A.Vijayaraghavan (Compared with the original) Ex.P21 Photocopy of the Fixed Deposit Receipt dated 29.01.2015 bearing Account No.530603020091076, Union Bank of India Ltd, Anna Nagar East Branch standing in the name of Mr.A.Vijayaraghavan (Compared with the original) Ex.P22 Photocopy of the first page of Savings account passbook in Dhanlaxmi Bank Bearing A/c.No.014903000000063 standing in the name of Mr.A.Vijayaraghavan(Compared with the original) Ex.

P23 Photocopy of the first page of Savings account passbook in City Union Bank Bearing A/c.No.113001000005556 standing in the name of Lt Col.Mr.A.Vijayaraghavan(Compared with the original) Ex.P24 Photocopy of the first page of Savings account passbook in City Union Bank Bearing A/c.No.530602170070004 standing in the name of Lt Col.Mr.A.

Ex.P25 Photocopy of the first page of Savings account passbook in Allahabad Bank Bearing A/c.No.20060865307 standing in the name of Lt Col.Mr.A.Vijayaraghavan(Compared with the original) Ex.P26 Computer generated death certificate of Mrs.Sita Vijayan. Ex.P27 Computer generated death certificate of Mr.A.Vijayaraghavan.

Ex.P28 Original account statement dated 02.05.2023 issued by Union Bank of India in respect of Lt.Col.Mr.A.Vijayaraghavan.

Ex.P29 Copy of the paper publication effected in one issue of Tamil Daily "Dina Kural" dated 30.08.2024.

Ex.P30 Certificate under Section 65 B of the Indian Evidence Act, 1872.

20.03.2025 kak K.KUMARESH BABU, J.

kak 6/7

20.03.2025 7/7