T.Malakondaiah v. No. Respondent
O.P.No. 661 of 2019 C.V.KARTHIKEYAN, J.
This Petition has been filed seeking Succession Certificate with respect to the death of T.Babu, who was working as a Sanitary worker in Zone V, Division -52, Unit -12, Corporation of Chennai, and who died a bachelor on 07.03.2018. He was born on 01.07.1966 and was aged about 52 years at the time of his death. The petitioners are the brothers and sisters of T.Babu. During the pendency of the petition, the third petitioner died and her legal representatives had been impleaded as seventh to ninth petitioners.
2. The procedure required namely, issuance of paper publication was complied with and thereafter, the parties were invited to adduce evidence. The first petitioner T.Malakondaiah examined himself as PW-1 and filed the death certificate of T.Babu as Ex.P-1, the death certificate of the father T.Kallaiya as Ex.P-2, the legal heirship certificate of T.Kallaiya as Ex.P-3, the death certificate of the mother T.Kottamma @ Swardhamma as Ex.P-5 and the death certificate of the third petitioner K.Kallamma as Ex.P-6. The service book of deceased T.Babu was marked as Ex.P22. Perusal of the same shows that T.Babu had nominated the
ninth petitioner as a nominee but in her proof affidavit, she has stated she has no objection in the benefits being divided among all the six petitioners, which included her deceased mother equally. Direction is therefore given that the service benefits of T.Babu should be divided in equal portions to the petitioners as originally shown and the share of the third petitioner T.Kallaiya, who died pending the petition should be further divided into three shares which would devolve on to her three children, who are shown as sixth to ninth petitioners.
3. Further supporting evidence was also adduced by T.Mahalakshmi, the fourth petitioner and by J,Shyamala, the ninth petitioner.
4. Taking consideration the oral and documentary evidence produced and the fact that all necessary documents had been produced, this Petition stands allowed as prayed for and a direction for grant of Succession Certificate to the petitioners with power to collect the debts and to receive the interest specified in the schedule is issued. The petitioners are directed to render accounts once in a year.
13.09.2022 Index:Yes/No Internet :Yes/No vsg
C.V.KARTHIKEYAN, J.
vsg O.P.No. 661 of 2019 13.09.2022