Certain Debts Of v.
O.P.No.744 of 2017 N.SATHISH KUMAR, J.
This Petition has been filed under Section 372 of the Indian Succession Act, 1925 in respect of certain debts belonging to the deceased under Part X of the Indian Succession under Order XXV Rule 6 of OS Rules.
2. It is the case of the petitioners that the deceased A.Srinivasan, died on 01.03.2017 and he was ordinarily residing at No.8/25, Srinivasa Iyangar 2nd Street, West Mambalam, Chennai 600 033. The 1st petitioner is the wife and the 2nd petitioner is the daughter of the deceased. The deceased died intestate and though due and diligent search has been made for a Will, but none has been found. According to the petitioners, they are the only legal heirs of the deceased and are entitled to the share of the estate. The succession certificate is required for the purpose of transmission of shares. The said assets in respect of which the succession certificate is required is of the value of Rs.1,02,738/-. No application for a succession certificate in
respect of any debts or securities belonging to the estate of the said deceased has been made to any District Court or delegate or to any High Court.
3. The 1st petitioner examined herself as P.W.1 and marked Exs.P1 to P9.
(i) Ex.P1 is the computer generated copy of the death certificate of her husband deceased A.Srinivasan, who died on 15.03.2017.
(ii) Ex.P2 is the photocopy of the legal heir certificate dated 28.06.2017 in respect of her deceased mother. (iii)Ex.P3 is the photocopy of the ration card of the 1st petitioner.
(iv)Ex.P4 is the photocopy of the Pan card of the 1st petitioner.
(v)Ex.P5 is the photocopy of the Aadhar Card of the 1st petitioner.
(vi)Ex.P6 is the photocopy of the ration card of the 2nd petitioner.
(vii)Ex.P7 is the photocopy of the pass book of the deceased.
(viii)Ex.P8 is the consent affidavit filed by the 2nd petitioner dated 24.07.2017.
(ix)Ex.P9 is the copy of the paper publication effected in one issue of Tamil Daily "Makkal Kural" dated 29.10.2017. She has further stated in her evidence that she has not filed any other petition before any other Court seeking the same relief.
4. 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 A.Srinivasan. Therefore, the petition is ordered as prayed for and a direction for grant of Succession Certificate to the 1st petitioner on behalf of other petitioner, with power to collect the Securities and to receive the interest and dividends and negotiate and transfer the securities specified in the schedule, is issued. The petitioners are directed to render account once in a year. kas 04.04.2018
N.SATHISH KUMAR, J.
kas O.P.No.744 of 2017 05.04.2018