← Library
Madras High CourtOP/105/2022allowed

K.R.Keshab Chander And Another v. Nil

2022-08-29Honourable Mr Justice Krishnan Ramasamy4 pages

KRISHNAN RAMASAMY.J, This petition was filed for issuance of Succession Certificate to the petitioners.

2. The case of the petitioners is that the petitioners' mother namely K.R.Mythreyi had PPF Account in the Post Office in PPF Account No.0000258296 and she passed away on 24.07.2016. The petitioners' father had passed away as early as 17.09.2009 and hence, the petitioners are the only legal heirs of the deceased K.R.Mythreyi. As on 01.04.2017, a sum of Rs.1,44,078/- was lying in the PPF Account of the petitioners' mother. The deceased Mythreyi had not nominated anyone in her PPF Account and hence, this petition has been filed seeking Succession Certificate to withdraw the said amount.

3. In order to prove the petitioners' case, the 1st petitioner was examined as PW1 and filed proof affidavit and marked the following documents as Exs.P1 to P10 :

Ex.P1 - Death Certificate of Kota Ramakrishna Chetty 1/4

Ex.P2 - Original Legal Heirs Certificate of K.Ramakrishna Chetty Ex.P3 - Death Certificate of K.R.Mythreyi Ex.P4 - Original Letter dated 09.01.2017 addressed to PW1 by the Senior Post Master, T.Nagar, Chennai.

Ex.P5 - Photocopy of the Post Office Account Passbook bearing Account No.6635 standing in the name of R.Mythreyi Ex.P6 - Photocopy of Aadhaar Card of the 1st petitioner Ex.P7 - Photocopy of PAN Card of the 1st petitioner Ex.P8 - Photocopy of Aadhaar Card of the 2nd petitioner Ex.P9 - Photocopy of PAN of the 2nd petitioner Ex.P10 - Copy of Paper Publication effected in one issue of Tamil daily "Makkal Kural" dated 24.06.2022.

4. On perusal of the above documents along with the deposition of PW1 and upon hearing the submissions of the learned counsel for the petitioners, this Court is satisfied that the petitioners are entitled to get a Succession Certificate in respect of the debts and securities which are described in the schedule to the petition.

5. Accordingly, this Original Petition is allowed. No costs. 2/4

29.08.2022 raja KRISHNAN RAMASAMY.J, raja 3/4

29.08.2022 4/4