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Madras High CourtOP/559/2020ordered

N.Indra v. Nil

2021-08-26Honourable Mr Justice V. Parthiban4 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

(TESTAMENTARY AND INTESTATE JURISDICTION) THURSDAY, THE 26TH DAY OF AUGUST 2021 THE HON'BLE MR. JUSTICE V.PARTHIBAN O.P.No. 559 of 2020 In the matter of Indian Succession Act Under Order XXXIX of 1925 and In the matter of the Debts of N.Lakshmi(Deceased)

1. N.INDRA D/o.Late R.Narayanan, No.S4, No.169, Eldams Road, Alwarpet, Chennai-600 018

2. N.RADHAKRISHNAN S/o.Late R.Narayanan, B1/32, Old No.73, 1st Avenue, Indira Nagar, Adyar, Chennai-600 020

3. N.RAMACHANDRAN S/o.Late R.Narayanan, No.169, Ground Floor, Flat No.4, Surya Apartments, Luz Church Road, Mylapore, Chennai-600 004 ..Petitioners Original Petition praying that this Hon'ble Court be pleased to grant Succession Certificate solely in favour of the 3rd petitioner with power to collect the securities and to receive the interest and dividends on the same and negotiate and transfer the securities specified in the schedule in the petition.

This Original Petition coming on this day before this court for hearing the court made the following order:

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 third petitioner.

2. The first petitioner is the daughter, the second and third petitioners are the sons of Late R.Narayanan and Late N.Lakshmi, resided at No.169, Luz Church Road, II Street, Mylapore, Chennai 600 004 and died on 18.01.2000 and 18.04.2020 respectively, leaving behind the petitioners as class-I legal heirs. The husband of N.Lakshmi predeceased her. As class-I legal heirs, the petitioners are entitled to a share in the estate of the deceased mother. At the time of her death, the deceased mother resided in the above mentioned address, which is within the jurisdiction of this Court.

3. Both the deceased died intestate and though due and diligent search has been made for a Will, none has been found. According to the petitioners, the entire benefits which the legal heirs are entitled to shall be given in favour of the third petitioner, for which, the first and second petitioners have no objection and given their consent. The succession certificate is required for transfer of Senior Citizen Savings, Anna Road Post Head Office, Chennai 600 002. The said assets in respect of which the

succession certificate is required is of the total value of Rs.7,75,000/-.

4. No application for a succession certificate in respect of any debt or security belonging to the estate of the said deceased and no application for probate of any will of the said deceased or for letters of administration with or without the will annexed to his properties and credits, have 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 to the third petitioner with power to collect the debts and to receive the interest and dividends on and negotiate and transfer the securities specified in the schedule.

5. The third petitioner examined himself as P.W.1 and marked Exs.P1 to P9. Ex.P1 is the photocopy of the Post Office Savings bank passbook of N.Lakshmi in respect of the account No.3106770389, Anna Nagar Head Post Office. Ex.P2 is the computer generated death certificate of R.Narayanan, who died on 18.01.2000. Ex.P3 is the photocopy of the certified copy of the Legal Heirship certificate dated 09.02.2000 in respect of R.Narayanan. Ex.P4 is the computer generated death certificate of N.Lakshmi, who died on 18.04.2020. Ex.P5 is the computer generated Legal Heirship certificate dated 10.09.2020 in respect of N.Lakshmi. Ex.P6 is the photocopy of the Aadhaar card of the 1st petitioner N.Indhira bearing No.807782277249. Ex.P7 is the photocopy of the Aadhaar card of the 2nd

petitioner N.Radhakrishnan bearing No.673408552459. Ex.P8 is the photocopy of my Aadhaar card bearing No.584656456731. Ex.P9 is a copy of paper publication effected in one issue of Tamil daily "Maalai Murasu" dated 11.02.2021.

6. Considering the averments made in the petition and the documents filed by the petitioners, this Court is of the view that the petitioners have succeeded to the Estate of the deceased Mrs.N.Lakshmi. Therefore, the petition is ordered as prayed for and a direction for grant of Succession Certificate to the third petitioner with power to collect the debts and to receive the interest and dividends on and negotiate and transfer the securities specified in the schedule, is issued. The petitioners are directed to render accounts once in a year.

Sd/.V.P.N.J.

26.08.2021 //Certified to be a true copy// Dated this the day of 2021.

SU/15.09.2021 COURT OFFICER(O.S.) From 25.09.2008 the Registry is issuing certified copies of the Order/Judgment Decree in this format.