Lalitha Ganesan And 2 Others v. No Respondent
O.P.No.423 of 2023 N.SATHISH KUMARR, 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 first petitioner.
2. It is the case of the petitioners that Ganesan died on 07.10.2021 at Sri Balaji Hospital, 1, Lawyer Jaganathan Street, Guindy, Chennai - 32. The deceased was ordinarily residing at Flat 1, D.No.23, Jamals Beach Avenue, Thiruvanmiyur New Beach Road, Thiruvanmiyur, Chennai - 41. The parents of the deceased predeceased him. The first petitioner is the wife and petitioners 2 and 3 are the sons of the deceased. The deceased was holding fixed deposits in RBL Bank. The deceased died intestate and though due and diligent search has been made for a Will, none has been found. The succession certificate is required for the purpose of transferring the shares. The assets in respect of which the succession certificate is required are of the value of Rs.40,00,000/-. The second and third petitioners have given
their consent to transfer the fixed deposits in the name of the first petitioner. No application for a succession certificate in respect of any debt or security belonging to the estate of the said deceased has been made to any District Court or delegate or to any High Court. Hence, the petitioners have approached this Court for grant of succession certificate in the name of the first petitioner with power to collect the debts and to receive interests and negotiate and transfer the deposits specified in the schedule. 3.The 1st petitioner examined herself as P.W.1 and marked Exs.P1 to P5. Ex.P1 is the computer generated death certificate of the deceased B.Ganesan. Ex.P2 is the computer generated legal heirship certificate of the first petitioner's deceased husband. Ex.P3 is the computer generated death certificate of the father of the deceased. Ex.P4 is the computer generated death certificate of the mother of the deceased. Ex.P5 is the online statement of fixed deposit advice of RBL Bank regarding the fixed deposit held by the deceased.
4. Considering the averments made in the petition and the documents filed by the petitioners, I am satisfied that the petitioners have succeeded
the Estate of the deceased B.Ganesan. Therefore, the petition is ordered as prayed for and a direction for grant of Succession Certificate to the first petitioner with power to collect the debts and to receive interests and negotiate and transfer the deposits specified in the schedule, is issued. The first petitioner is directed to render account once in a year. 04..10..2023 kmk
N.SATHISH KUMAR, J kmk O.P.No.423 of 2023 04..10..2023