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Madras High CourtOP/783/2021ordered

Leela Bai v. Nil

2022-04-19Honourable Mr Justice P. Velmurugan4 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

(TESTAMENTARY AND INTESTATE JURISDICTION) TUESDAY, THE 19TH DAY OF APRIL 2022 THE HON'BLE MR. JUSTICE P.VELMURUGAN O.P.No.783 of 2021 In the matter of the Indian Succession Act XXXIX of 1925 and In the matter of debts of V.Hemanth Kumar, Intestate Deceased

1. LEELA BAI M/o.(Late) V.Hemanth Kumar, No.55/61, Ponnappa Chetty Street, Park Town, Chennai - 600 003.

2. MANGALA BAI W/o.(Late) V.Hemanth Kumar, No.55/61, Ponnappa Chetty Street, Park Town, Chennai - 600 003.

3. H.DEEPESH S/o.(Late) V.Hemanth Kumar, No.55/61, Ponnappa Chetty Street, Park Town, Chennai - 600 003.

4. H.ABHISHEK S/o.(Late) V.Hemanth Kumar, No.55/61, Ponnappa Chetty Street, Park Town,

Chennai - 600 003.

..Petitioners Original Petition praying that this Hon'ble Court be pleased that a succession certificate may be granted to the petitioners with power to collect the debts and to receive the interest 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 Original petition has been filed for grant of succession certificate of the deceased V.Hemanth Kumar who died intestate on 24.09.2006 at Chennai.

2. V.Hemanth Kumar died leaving behind the petitioners herein as his legal heirs and hence, they have filed this petition for grant of succession certificate to the petitioners. The details of the securities for which the Succession Certificate is sought for, are furnished in the schedule to the petition.

3. The third petitioner has deposed as PW1 and filed his proof affidavit, before the learned Master in support of this petition for grant of succession certificate. Before the learned Master, the following documents were marked as Exhibits:

Exhibits Nature of the documents P1 Photocopy of the PAN card of V.Hemanth Kumar P2 Computer generated death certificate of V.Hemanth Kumar P3 Photocopy of the Legal Heirship Certificate of V.Hemanth Kumar P4 Photocopy of the Postal Public Provident Fund Passbook standing in the name of V.Hemanth Kumar P5 Copy of paper publication effected in one issue of Tamil daily "Makkal Kural" dated 23.02.2022.

4. An averment has also been made in the petition that no application has been made to the District Court or delegate or to any High Court for Probate of any Will of the deceased or Letters of Administration with or without the Will annexed to his properties and credits. No application for Succession Certificate in respect of any debts or security belonging to the estate of the deceased has been made to any District Court or delegate or to any High Court.

5. This Court has perused and examined the aforementioned documents. The PAN card of the deceased V.Hemanth Kumar has been marked as Ex.P1. The death certificate of V.Hemanth Kumar has been marked as Ex.P1. The legal heirship certificate of V.Hemanth Kumar dated 01.03.1995 has been marked as Ex.P3 which shows that the petitioners herein are the only legal heirs of the deceased. Ex.P4 is the Postal Public Provident Fund Passbook standing in the name of V.Hemanth Kumar and it

shows that in the said account, there is a balance of Rs.5,55,995/- as on 31.03.2019. Paper publication has also been effected by the petitioners in one issue of Tamil daily "Makkal Kural" on 23.02.2022 which has been marked as Ex.P5.

6. After giving due consideration to the averments contained in the petition as well as the Exhibits marked on the side of the petitioners, this Court is of the considered view that the relief of succession certificate sought for by the petitioners in OP No.783 of 2021 has to be granted in favour of the petitioners. Accordingly, the Original Petition is allowed. The petitioners are directed to pay the requisite succession duty, if any, before obtaining the Succession Certificate.

Sd/.P.V.J.

19.04.2022 //Certified to be a true copy// Dated at Madras this the day of 2022. SU/29.04.2022 COURT OFFICER(O.S.) From 25.09.2008 the Registry is issuing certified copies of the Orders/Judgments/Decrees in this format.