Mrs.A.Sangitha And 2 Others v. No Respondent
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 20.03.2025
CORAM
THE HONOURABLE MR.JUSTICE K.KUMARESH BABU 1.Mrs.A.Sangitha 2.Mr.Vivegan 3.Mrs.A.Nirmala
...Petitioners
PRAYER: Original Petition filed for grant of Succession Certificate under Sections 372 of the Indian Succession Act XXXIX of 1925 and Order XXV Rule 6 of the Original Side Rules, prays that a Succession Certificate may be granted to the petitioners with power to collect the debts and to receive the interest and dividends on and negotiate and transfer the securities specified in the Schedule hereto.
For Petitioners : Mr.A.Ganesan
ORDER
The petitioners seek Succession Certificate in respect of the securities held by Late A.Kesav, who died intestate on 20.05.2021. The petitioners are the wife, son and mother of the deceased. The petitioners are the only 1/5
surviving legal heirs of the deceased.
2. The first petitioner has been examined as PW1. She has produced the original death certificate of the deceased as Ex.P4. The original legal heir certificate of the deceased as Ex.P8. On perusal of Ex.P8, it clearly shows that the petitioners are the wife, son and mother of the deceased and only surviving legal heirs of the deceased. The Original Government Gazette Publication for name change of the deceased instead of Anandan as Ex.P2. The Original Government Gazette Publication for name change of the second petitioner as Ex.P3. The paper publications were made and marked as Ex.P10 and Ex.P11. No objections were received from any person.
3. The assertions in the petition have been duly proved by adducing oral evidence supported by documents. In these circumstances, the petitioners are entitled to the relief.
4. In view of the above evidence, the Original Petition is allowed granting Succession Certificate in favour of the petitioners, in respect of the securities mentioned in the schedule to the petition. 2/5
Index :Yes/No Petitioner's witness:
P.W.1 - Mrs.A.Sangitha P.W.2 - Mrs.A.Nirmala Documents exhibited by the petitioners:
Exhibits Documents Ex.P1 Original Public Provident Fund Scheme 1968 pass book bearing Account No.10477557066 issued by the State Bank of India, Thyagaraya Nagar Branch, Chennai - 600 017 dated 15.04.2011.
Ex.P2 Original Government Gazette Publication for name changed of the deceased A.Keasav instead of Anandan dated 28.08.2003.
Ex.P3 Original Government Gazette Publication for name change of the 2nd petitioner as Vivegan dated 10.04.2008.
Ex.P4 Original death certificate of the deceased A.Keasav issued by the Greater Chennai Corporation, Department of Public Health No.D5407614/5502961632/2021 dated 20.05.2021. Ex.P5 Photocopy of Aadhaar card of the first petitioner herein bearing no.874438538133 issued in favour of the 1st petitioner dated 04.11.2012.
Ex.P6 Photocopy of Aadhaar card bearing no.948227212523 issued by the Government of India in favour of the 2nd petitioner dated 23.04.2016.
Ex.P7 Photocopy of Aadhaar card bearing no.944497256944 3/5
issued by the Government of India, in favour of the 3rd petitioner herein.
Ex.P8 Original legal heir certificate issued by the Tahsildar, Guindy Taluk, bearing no.TN7202106182894 in favour of the petitioner dated 28.07.2023.
Ex.P9 Original intimation letter issued by the State Bank of India, Thyagaraya nagar branch, Chennai 600 017 to obtain Succession Certificate to claim and withdraw the Public Provident Fund Scheme 1968, Account No.10477557066 dated 16.11.2023.
Ex.P10 Original Paper Publication effected in Tamil Vernacular News Paper "Makkal Kural" dated 08.12.2024.
Ex.P11 Original Paper Publication effected in English Vernacular News Paper "Trinity Mirror" dated 15.12.2024.
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K.KUMARESH BABU, J.
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