M.Nagarathnam And 3 Others v. No Respondent

N.SATHISH KUMAR, J.

This Petition has been filed under Section 372 of the Indian Succession Act read with Order XXV Rule 6 of the Madras High Court Original Side Rules, to grant succession certificate in favour of the petitioners.

2. Heard the learned counsel for the petitioners. It is the case of the petitioners that they are the Class-I legal heirs of the deceased. The first petitioner is the wife, petitioners 1 and 2 are the children and the fourth petitioner is the mother of the deceased and are the only surviving legal heirs of the deceased. The deceased died intestate on 01.06.2021. The succession certificate is required for the purpose of transferring the securities worth about Rs.6,84,445/- and the credits in saving bank account worth about Rs.94,788.58/- totalling to the tune of Rs.7,79,233.58/-. Hence, the petitioners have approached this Court for grant of succession certificate 1/4

in favour of the first petitioner with power to collect the debts and to receive the interest as specified in the schedule.

3. The first petitioner was examined as P.W.1 and marked Ex.P1 to Ex.P.5.

4. P.W.1 in her evidence had narrated the averments made in the petition stating that the petitioners have filed this petition for grant of Succession Certificate in her favour. Ex.P.1 is the computer generated death certificate of the deceased. Ex.P2 is the computer generated legal heir certificate of the deceased. Ex.P3 is the original statement of accounts as on 31.05.2021, 31.08.2021, 30.11.2021 and 28.02.2022 issued by ICICI Bank, Chennai - 20, in respect of Savings Bank account held by the deceased. Ex.P4 is the original statement of holding for the period of 01.03.2022 given by the ICICI Bank, Chennai - 20 in respect of shares and securities held by the deceased. Ex.P5 is the copy of the paper publication. Despite Ex.P.5 paper publication, none objected and the same is recorded. 2/4

5. Considering the averments made in the petition and the documents filed by the petitioners, I am satisfied that the petitioners have succeeded the Estate of the deceased Mr.Rajendran Ganapathy. Therefore, the petition is ordered as prayed for and a direction for grant of Succession Certificate in favour of the first petitioner with power to collect the debts and to receive the interest thereon specified in the schedule and the share of the minors shall be deposited in interest bearing deposit in any of the nationalized bank till the minors attain majority, is issued.

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N.SATHISH KUMAR, J.

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