← Library
Madras High CourtOP/306/2024ordered

Jayashree Alias Maya N.Kalro And 2 Others v. No Respondent

2024-09-06Honourable Mr Justice Rmt. Teekaa Raman5 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 06.09.2024

CORAM

THE HONOURABLE MR.JUSTICE RMT.TEEKAA RAMAN 1.Mrs.Jayashree @ Maya N.Kalro 2.Miss Dr.Brinda N.Kalro 3.Mrs.tara @ Nayantara Kalro ...

Petitioners PRAYER: Original Petition filed for Succession Certificate under Section 372 of Indian Succession Act, 1925 under Order XXV Rule 6 of Original Side Rules, praying that a Succession Certificate may be granted to the petitioners with power to collect the amount mentioned in the Schedule herein. For Petitioners : Mr.S.Chandrasekharan

O R D E R

This Original Petition has been filed under Section 372 of the Indian Succession Act, 1925 seeking issuance of Succession Certificate of the deceased Narain Das Kalro, father of the petitioners herein.

2. The 1st petitioner is the wife of Narain Das Kalro and the 2nd and 3rd petitioners are the daughters of the Mr.Narain Das Kalro. 1/4

3. The succession certificate is with regard to the deposit made by the deceased Mr.Narain Das Kalro with HDFC Bank, Anna Nagar Branch, Chennai. Paper publication was effected and marked as Ex.P4.

4. The deceased Mr.Narain Das Kalro during his lifetime deposited amount in HDFC Bank, Anna Nagar Branch, Chennai bearing Account No.00171000038313 in the year 1999 which has a balance of Rs.33,27,919.56 as on 28.02.2022 with accrued interest and bank statement as on 01.03.2022 to that effect has also been issued by the said Bank.

5. After following due procedure, the petitioners were invited to tender evidence. The second petitioner who is the daughter of the deceased Narain Das Kalro examined herself as PW1 and marked Exs.P1 to P4.

6. The date of death, factum of death and the petitioners are the legal heirs of the deceased are not in dispute. In view of both oral and documentary evidences adduced before this Court, I find no impediment for grant of succession certificate to the petitioners.

2/4

7. Hence, this Original Petition stands allowed. The Succession Certificate may be issued in favour of the petitioners in accordance with the rules, with power to collect the amount mentioned in the Schedule herein alongwith interest, on payment of appropriate succession duty, if not paid earlier.

06.09.2024 Index :Yes/No APPENDIX Petitioner's witness:

P.W.1 - Dr.Brinda Documents marked:

S.No Particulars Exhibits Photocopy of the death certificate of Mr.Narain Das Kalro (compared with original), P1 Photocopy of the legalheirship certificate of Mr.Narain Das Kalro (compared with original), P2 The original statement of account of HDFC Bank, Anna Nagar Branch, Chennai for the period 01.04.2023 to 31.03.2024 in respect of account held by Mr.Narain Das Kalro P3 Copy of paper publication effected in one issue of Tamil Daily "Maalai Thamizhagam" dated 15.07.2024 P4 06.09.2024 3/4

4/4

RMT.TEEKAA RAMAN, J.

06.09.2024 5/4