K.V.Chinmayee v. No Respondent
O.P.No.476 of 2024 RMT.TEEKAA RAMAN, J.
This original petition has been filed taking advantage of Section 372 of Indian Succession Act, read with Order XXV Rule 6 of the O.S.Rules, seeking Succession Certificate in respect of debts and securities of Mr.K.L.Venkateshwaran @ Karidhi Lingaraj Venkateshwaran, who died on 10.01.2024.
2. The above name deceased Mr.K.L.Venkateshwarran, died at Shekar Hospital, BBMP, Bengaluru, Karnataka on 10.01.2024. During his lifetime ordinarily resided at B-404, 3rd Floor, Asian Garden, 253/A, MTH Road, Padi, Padi Flyover Villivakkam, Chennai.
3. The petitioner is the daughter of the deceased and is the only surviving Class-I legal heir of the deceased and the same is reflected in the legal heir ship certificate. The parents of Late K.L.Venkateshwaran predeceased him The deceased Mr.K.L.Venkateshwaran was married to HG Chandana and the petitioner was born out of their wedlock. The deceased K.L.Venkateshwaran and H G Chandana have been legally separated by way of an order of divorce dated 22.08.2019, passed by the learned Additional Principal Judge, VI Additional Family Court at Chennai.
4. The said securities and debts for which succession certificate is required is valued at Rs.70,36,201.63/- rounded off to Rs.70,40,000/- (Rupees Seventy Lakhs Forty Thousand Rupees only)
5. After following due procedure, the petitioner was invited to tender evidence. Accordingly, the petitioner was examined as PW-1 and Exs.P1 to P7 had been marked.
6. The list of documents filed by the petitioners are given below:- Sl.
Documents Exhibits No.
1.
The original death certificate of Mr.K.L.Venkateshwaran P1 2.
The computer generated legal heir ship certificate of Mr.K.L.Venkateshwaran P2 3.
The photocopy of the order dated 22.08.2019 in O.P.No.930 of 2019 passed by the IV Additional Family Court at Chennai P3 4.
The original statement of securities as on 13.02.2024 bearing client ID No.1203330001112947 stands in the name of Mr.Karidhi Lingaraj Venkateshwaran P4 5.
The photocopy of the certificate issued by State Bank of India regarding the account maintained by Mr.K.L.Venkateshwaran P5 6.
The copy of paper publication effected in one issue of Tamil daily "Makkal Kura" dated 22.06.2024 P6 7.
The certificate under Section 65B of the Indian Evidence Act, 1872.
P7
7. The parents of the petitioner by name Mr.K.L.Venkateshwaran and H G Chandana and the petitioner was born out of their wedlock and the parents are separate by way of decree of divorce on 22.08.2019 as could be seen from Ex.P3 and she is only Class-I legal heir as could be seen from Ex.P2.
8. In view of both the oral and documentary evidences adduced before this Court, I find no impediment under Section 370 of the Indian Succession Act.
9. Accordingly, this Original Petition is allowed. The Succession Certificate may be issued in favour of the petitioner in accordance with the rules.
25.10.2024 nvi
RMT.TEEKAA RAMAN,J., nvi O.P.No.476 of 2024
25.10.2024