V.Geetha And 5 Others v. No Respondent
IN THE HIGH COURT OF JUDICATURE AT MADRAS
Dated: 05.11.2024 Coram:
THE HONOURABLE Dr. JUSTICE G.JAYACHANDRAN Original Petition No.343 of 2024
1. Mrs.V.Geetha.
2. Mrs.V.N.Sumathi.
3. Mr.V.N.Viswanathan.
4. Mrs.Uma Srinivasan.
5. Mr.Vikram Srinivasan.
6. Ms.S.Sweta ... Petitioners Prayer: Original Petition has been filed under Sections 372 of Indian Succession Act r/w Order XXV Rules 6 of Original Side Rules, praying that succession certificate may be granted in favour of the 1st petitioner with power to collect the debts and to receive the interest and dividends on and negotiable and transfer the securities specified in the schedule hereto.
For Petitioners : Mrs.P.Srividhya ****
O R D E R
The Original Petition has been filed under Section 372 of Indian Succession Act r/w XXV Rule 6 of Original Side Rules for issuance of succession certificate in respect of scheduled mentioned valuable securities.
2. The 1st petitioner is the wife of the deceased V.V.Natarajan. The said V.V.Natarajan died on 13.09.2023 leaving behind his wife/the 1st petitioner, son and daughter who are petitioners 2 & 3. In addition, the Legal heirs of predeceased son Srinivasan, who are arrayed as petitioners 4 to 6. During his lifetime, he had an account in the State Bank of India more fully described in the schedule, and for being the wife of the deceased account holder, the deposit lying in the said account is to be transferred in the name of the 1st petitioner. The remaining petitioners, who are the Class-I heirs of the deceased, have given consent. Therefore, application for succession certificate is made.
3. To prove the above contention, the 2nd petitioner, who is the daughter of the 1st petitioner been examined and through her, the following seven documents were marked.
Exhibits Documents Ex.P.1 The computer generated death certificate of Mr.V.V.Natarajan Ex.P.2 The computer generated legal heir ship certificate of Mr.V.V.Natarajan Ex.P.3 The photocopy of the death certificate of Lt.Col.V.N.Srinivasan Ex.P.4 The photocopy of the public provident fund passbook of State Bank of India stands in the name of Mr.V.V.Natarajan. Ex.P.5 The photocopy of my Aadhaar Card Ex.P.6 The certificate under Section 65B of the Indian Evidence Act, 1872. Ex.P.7 The copy of paper publication effected in one issue of Tamil daily "Makkal Kural" dated 24.07.2024.
4. The legal heirs certificate issued and marked as Ex.P.2 indicates that the deceased V.V.Natarajan had left the petitioners 1 to 7 as Class-I heirs. Since he did not leave any testament, these petitioners are entitled to inherit his property both movable and immovable.
5. As far as the valuable security available in the bank as deposits, the rest of the legal heirs have given consent for issuance of succession certificate in favour of the 1st petitioner, who is none other than the widow of the deceased V.V.Natarajan.
6. Hence, this Court being satisfied that the 1st petitioner is entitled for succession certificate in respect of the scheduled mentioned property, in accordance with the rules.
7. Accordingly, this Original Petition stands Allowed. The Succession Certificate is issued in favour of the 1st petitioner to enable him to collect the securities and to receive the interest, dividends on and negotiate and transfer the securities specified in the schedule hereto. The petitioner is directed to render account once in a year.
05.11.2024 Index : Yes/No.
Internet : Yes/No.
bsm APPENDIX Petitioner's witness:
P.W.1 - Mrs.V.N.Sumathi.
Documents marked:
Exhibits Documents Ex.P.1 The computer generated death certificate of Mr.V.V.Natarajan. Ex.P.2 The computer generated legal heir ship certificate of Mr.V.V.Natarajan. Ex.P.3 The photocopy of the death certificate of Lt.Col.V.N.Srinivasan. Ex.P.4 The photocopy of the public provident fund passbook of State Bank of India stands in the name of Mr.V.V.Natarajan. Ex.P.5 The photocopy of my Aadhaar Card.
Ex.P.6 The certificate under Section 65B of the Indian Evidence Act, 1872. Ex.P.7 The copy of paper publication effected in one issue of Tamil daily "Makkal Kural" dated 24.07.2024.
G.JAYACHANDRAN, J.
bsm Original Petition No.343 of 2024 05.11.2024