Debts Of R.Jayashree v.
IN THE HIGH COURT OF JUDICATURE AT MADRAS
(TESTAMENTARY AND INTESTATE JURISDICTION) MONDAY, THE 09TH DAY OF OCTOBER 2017 THE HON'BLE MR. JUSTICE C.V.KARTHIKEYAN O.P.No.444 of 2017 In the matter of the Indian Succession Act, XXXIX of 1925 and In the matter of Debts of R.Jayashree (Deceased)- Intestate.
1.Gowri Ranganathan W/o.T.N.Ranganathan, 2.T.N.Ranganathan, S/o.D.M.Narayanaswami, Both residing at:
New No.6, Hasthagiri Street, West Mambalam, Chennai-600 033.
...Petitioners
Original Petition praying that this Hon'ble Court be pleased to that succession certificate may be granted to the 2nd Petitioner, with power to collect the debts and to receive the interests thereon, specified in the schedule hereunder and pass such suitable orders therefore. This Original Petition coming on this day before this court for hearing the court made the following order: 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 2nd petitioner, T.N.Ranganathan.
2. Heard the learned counsel for the petitioners.
3. It is the case of the petitioners that their daughter R.Jeyashree, died intestate on 17.12.2016, at Vijaya Hospital 180, N.S.K. Salai, Vadapalani, Chennai-600 026 and the deceased was ordinarily resided at, No.12/23, Nakkiran Street, West Mambalam, Chennai-600 033. The deceased died intestate and though due and diligent search has been made for a Will but none has been found. The 1st petitioner is the Mother and the 2nd petitioner is the Father of the deceased R.Jayashree. The petitioners are the only legal heirs of the deceased R.Jayashree. Therefore each petitioner is entitled to an equal 1/2 share of the estate of the deceased R.Jayashree. The succession certificate is required for the purpose of transmission of PPF standing to the credit of the deceased R.Jayashree, more fully mentioned in the schedule.
The said asset in respect of which the succession certificate is required are for the value of Rs.1,41,789/-(Rupees One Lakh Forty One Thousand Seven Hundred and Eighty Nine only). No application for a succession certificate has been made to any District Court or delegate or to any High Court for Probate of any Will of the deceased R.Jayashree or for Letters of Administration with or without the Will annexed to his properties and credits. Hence, these petitioners have approached this Court for grant of succession certificate in the name of 2nd Petitioner, T.N.
interests as specified in the schedule.
4. The 2nd petitioner examined himself as P.W.1 and marked Ex.P1 to Ex.P.5 viz., Ex.P1 is the computer generated death certificate of P.W.1's deceased daughter R.Jayashree, who died on 17.12.2016.
Ex.P2 is the photocopy of legal heirship certificate dated 13.02.2017 in respect of P.W.1's deceased daughter R.Jayashree.
Ex.P.3 is the photocopy of Public Provident Fund Pass Book bearing account No.TGN 6036, New Account No.0000253581 held by P.W.1's deceased daughter R.Jayashree. Ex.P.4 is the consent affidavit given by the 1st petitioner stating that she has no objection in granting succession certificate in favour of P.W.1.
Ex.P.5 is a copy of paper publication effected in one issue of Tamil daily "Malai Sudar" dated 31.07.2017. He has further stated in his evidence that he has not filed any other petition before any other Court seeking the same relief.
5. Considering the averments made in the petition and the documents filed by the petitioners, I am satisfied that the 2nd petitioner has succeeded the Estate of the deceased R.Jeyashree. Therefore, the petition is ordered as prayed for and a direction for grant of Succession
Certificate to the 2nd petitioner with power to collect the debts and to receive the interests as specified in the schedule, is issued. The 2nd petitioner is directed to render account once in a year.
Sd/.C.V.K.J 09.10.2017 //Certified to be a true copy// Dated this the day of 2017. EM/27.10.2017 COURT OFFICER From 25.09.2008 the Registry is issuing certified copies of the Order/Judgment Decree in this format.