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Madras High CourtOP/503/2015allowed

S.S.Lakshmi v. P.Suresh Chandra Bose

2016-04-29Honourable Mr Justice K.K. Sasidharan5 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

(ORDINARY ORIGINAL CIVIL JURISDICTION) FRIDAY, THE 29TH DAY OF APRIL 2016 THE HON'BLE MR.JUSTICE K.K.SASIDHARAN O.P. No.503 of 2015 In the matter of Indian Succession Act XXXIX of And In the Matter of Certain debts of P.Subash Chandra Bose-deceased Intestate.

Tmt.S.S.Lakshmi W/o.Late Thiru P.Subash Chandra Bose No.1/1,3rd main Road Jawahar Nagar,Agaram Chennai-600 082.

...Petitioner

-Vs1.P.Suresh Chandra Bose S/o.Late P.Subash Chandra Bose 2.S.Surendra Bose S/o.Late P.Subash Chandra Bose 3.Selvi.S.Sujatha D/o.Late P.Subash Chandra Bose All are residing at No.1/1,3rd main Road Jawahar Nagar,Agaram Chennai-600 082.

...Respondents

Original petition praying that this Hon'ble Court be pleased to that a Succession Certificate may be granted to the petitioner with power to collect the debts

and to receive the interest specified in the schedule hereto.

SCHEDULE VIII (Sec Section 377) DEBTS S.NO Name of the debtor Amount of debt including interest on date of application for certificate Description and date of instrument if any ,by which the debt is secured METRO Transport Corporation limited - PBSC Rs.3,52,800/- (Rupees Three Laks Fifty Two Thousand and Eight Hundred only) Family pension for the period from 10/06 to 10/13.

This Original petition coming on this day before this Court for hearing court made the following order: This original petition is filed under Section 372 of the Indian Succession Act for issuing a succession certificate in the name of the petitioner.

2. The petitioner is the widow of Thiru P.Subash Chandra Bose, who died intestate on 9.10.2006 at Chennai. The respondents are the children born to the petitioner in her lawful

wedlock with Thiru P.Subash Chandra Bose. The petitioners and the respondents are the Class I legal heirs of Thiru P.Subash Chandra Bose.

3. The deceased was an employee of Metropolitan Transport Corporation Limited, Chennai. The amount due to the deceased is shown in the schedule to the petition. The petitioner seeks an order to issue a Succession Certificate so as to enable her to collect the amount from the Metropolitan Transport Corporation Limited.

4. The petitioner was examined as P.W.1. The following documents were marked through her:- Exhibit s Documents Ex.P1 Original Death Certificate of Thiru P.Subash Chandra Bose, who died on 9.10.2006 Ex.P2 Photocopy of legal heir ship certificate dated 16.7.2010 in respect of Thiru P.Subash Chandra Bose Ex.P3 Photocopy of letter dated 2.2.2011 from Metropolitan Transport Corporation LImited, Chennai-2 addressed to the petitioner for obtaining a Succession Certificate from competent court of law.

Exhibit s Documents Ex.P4 Photocopy of letter dated 22.3.2011 from Metropolitan Transport Corporation Limited, Chennai-2 showing the Family Pension particulars for the period from October 2006 to February 2011 held by Thiru P.Subash Chandra Bose Ex.P5 Photocopy of letter dated 7.6.2012 from the Directorate of Pension, Chennai paying Rs.25,000/- cheque under Tamil Nadu Government Pensioners Family Security Fund Scheme Ex.P6 Photocopy of letter dated 7.11.2013 from Metropolitan Transport Corporation Limited, Chennai-2 showing the Family Pension particulars for the period from October 2006 to October 2013 held by Thiru P.Subash Chandra Bose Ex.P7 Copy of Paper Publication effected in Tamil Daily "Malai Sudar" dated 14.12.2015

5. Though the respondents were served, they have not entered appearance.

6. The petitioner has taken paper publication in ''Malai Sudar" on 14.12.2015. So far no objection has been received from any one.

7. The petitioner is having 1/4 share in the amount due to the estate of Thiru P.Subash Chandra Bose.

8. There shall be an order to issue a Succession Certificate in the name of the petitioner authorising her to collect 1/4 of the amount from Metropolitan Transport Corporation Limited shown in the schedule to the Original Petition.

9. The Original Petition is allowed to the extent indicated above.

Sd/. K.K.S.J 29.04.2016 //Certified to be a true copy// Dated this the day of 2016.

S.s/19.09.2016 COURT OFFICER From 25.09.2008 the Registry is issuing certified copies of the Order/Judgment Decree in this format.