E.Usha Rani v. No Respondent

O.P.No.511 of 2022 N.SATHISH KUMAR, J.

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 petitioner.

2.Heard the learned counsel for the petitioner.

3. It is the case of the petitioner that the deceased J.Sridevi is the maternal aunt of the petitioner. The in-laws and husband of the deceased predeceased her. The petitioner is the only surviving class II legal heir of the deceased J.Sridevi. After retirement of the deceased, the petitioner was looking after the deceased and last rites of the deceased was performed by the petitioner. The deceased died on 30.10.2021. The deceased J.Sridevi died intestate and though due and diligent search has been made for a Will, none has been found in respect of the debts mentioned in the schedule. 1/4

When the petitioner approached the Accountant General [A & E], Tamil Nadu seeking the death benefits of the deceased, the petitioner was directed to produce the succession certificate from appropriate Court for claiming life time arrears of pension of the deceased for the period from 01.10.2021 to 30.10.2021. The securities in respect of which succession certificate is required for the value of Rs.86,000/-. Hence, the petitioner has approached this Court for grant of succession certificate in favour of the petitioner with power to collect the debts as specified in the schedule.

4. The petitioner was examined as P.W.1 and marked Exs.P1 to Ex.P.9.

5. P.W.1 in her evidence had narrated the averments made in the petition stating that the petitioner have filed this petition for grant of Succession Certificate in favour of the petitioner. Ex.P.1 is the computer generated death certificate of the husband of the deceased of J.Sridevi. Ex.P.1 has been filed to show that the husband of the deceased J.Sridevi died on 30.11.2006. Ex.P.2 is the copy of the Pension payment order dated 2/4

10.04.2003 of the deceased J.Sridevi. Ex.P.4 is the computer generated death certificate of the deceased J.Sridevi. Ex.P.4 shows that the deceased J.Sridevi died on 30.10.2021. Ex.P.8 is the communication received by the petitioner from the Pension Pay Officer. Ex.P.9 is Paper publication and none objected for the same.

6. Considering the averments made in the petition and the documents filed by the petitioner, I am satisfied that the petitioner and the respondent have succeeded the Estate of the deceased J.Sridevi. Therefore, the petition is ordered as prayed for and a direction for grant of Succession Certificate in favour of the petitioner with power to collect and to receive deposit specified in the schedule together with interest as applicable till the date of withdrawal, is issued.

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N.SATHISH KUMAR, J.

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