Mr.Chella Nagappan v. A.Chidambaram And Another

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 21.04.2025

CORAM

THE HONOURABLE MR.JUSTICE K.KUMARESH BABU Mr.Chella Nagappan

...Petitioner

vs.

1.Chidambaram.A 2.Umamaheshwaran.C

...Respondents

PRAYER: Original Petition filed under Section 372 of Indian Succession Act XXXIX of 1925 and Order XXV Rules 6 of O.S. Rules, prays that this Hon'ble Court may be pleased to grant a Succession Certificate in favour of the petitioner i.e., Mr.Chella Nagappan with the power to collect the debts and to receive the interest in favour of the PPF Account specified in the Schedule.

For Petitioner : Mr.K.Harishankar For Respondents : No appearance

ORDER

The petitioners seek Succession Certificate in respect of the securities held by Late.Mrs.C.Yegammai, who died intestate on 09.12.2023. The petitioner and 2nd respondent are the sons of the deceased and the 1st respondent is the husband of the deceased.

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2. The petitioner has been examined as PW1. He has produced the computer generated death certificates of the deceased Late.Mrs.C.Yegammai as Ex.P1. The legal heirship certificate of the deceased has been marked as Ex.P2. Both the respondents were advised to file a better affidavits for the relief sought vide order dated 20.12.2023. Therefore complying with the order dated 20.12.2023 both the respondents filed the consent affidavits. A perusal of Ex.P2 shows that the petitioner and both the respondents are the only surviving legal heirs of the deceased. A paper publication has been made and no objections have been received.

3. The assertions in the petition have been duly proved by adducing oral evidence supported by documents. In these circumstances, the petitioner is entitled to the relief.

4. In view of the above evidence, the Original Petition is allowed granting Succession Certificate in favour of the petitioner, with the power to collect the securities and receive the interest and dividends mentioned in the schedule to the petition.

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gba Index :Yes/No Petitioner's witness:

P.W.1 - Mr.Chella Nagappan Documents exhibited by the petitioners:

Exhibits Documents Ex.P1 Computer generated death certificate of Mrs.C.Yegammai. Ex.P2 Computer generated legal heir ship certificate of Mrs.C.Yegammai.

Ex.P3 Original letter dated 13.02.2024 issued by State Bank of India, Nungambakkam branch stating that the balance amount standing in the name of Mrs.C.Yegammai in A/c.No.10497643837 as on 12.02.2024 is Rs.21,82,080.48/- Ex.P4 Certificate under Section 65 B of the Indian Evidence Act, 1872.

Ex.P5 Photocopy of my Aadhaar Card (Compared with the original) Ex.P6 Copy of the paper publication effected in one issue of Tamil Daily "Makkal Kural" dated 23.08.2024.

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K.KUMARESH BABU, J.

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