S.Srinivasa Subramanian v. S.Rajalakshmi And 3 Others
O.P.No.642 of 2022 P.VELMURUGAN,J.
This Original petition has been filed by the petitioner who is the son of the deceased S.Sankara Raman who died intestate on 27.12.2020, for grant of succession certificate.
2. The petitioner is the son, the 1st respondent is the wife and the respondents 2 to 4 are the daughters of the deceased S.Sankara Raman. As the said S.Sankara Raman died intestate leaving behind the petitioner and respondents who are his only legal heirs, the petitioner has filed this petition for grant of succession certificate. The details of the securities for which the Succession Certificate is sought for, are furnished in the schedule to the petition and its value is Rs.7,22,163.54/- according to the petitioner.
3. The petitioner who is the son of the deceased S.Sankara Raman, has deposed as PW1 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:
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Exhibits Nature of the documents P1 The computer generated death certificate of S.Sankara Raman P2 The computer generated Legal Heirship certificate of S.Sankara Raman P3 The downloaded copy of the statement of holding in respect of Srinivasan Sankararaman P4 The copy of paper publication effected in one issue of Tamil daily "Makkal Kural" dated 19.03.2022
4. An averment has also been made in the petition that no application has been made to any District Court or delegate or to any High Court for probate or any Will of the said deceased or for Letters of administration, with Will or without the Will and no application for Succession Certificate in respect of any Securities belonging to the estate of the said 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 petitioner was examined as P.W.1 by filing proof affidavit and 4 documents were marked. As seen from the death certificate marked as Ex.P1, S.Sankara Raman died on 27.12.2020 and the Legal Heirship certificate of the deceased S.Sankara Raman marked as Ex.P2 shows that 2/5
the petitioner and the respondents are his only legal heirs. Ex.P3 is the statement of holding in respect of Srinivasan Sankararaman. The paper Publication has also been effected in one issue of Tamil Daily "Makkal Kural" dated 19.03.2022 which has been marked as Ex.P4.
6. Though the respondents have filed their separate consent affidavits stating that they have no objection for grant of succession certificate as prayed for in this petition, the same have not been marked as exhibits. However, the counsel for the respondents have made an endorsement in the court bundle that she has no objection for grant of succession certificate in favour of the petitioner.
7. After giving due consideration to the averments contained in the petition as well as the Exhibits marked on the side of the petitioner and the endorsement made by the learned counsel for the respondents, this Court is of the considered view that the deceased S.Sankara Raman died leaving behind the petitioner and the respondents as his only legal heirs and there are certain dues as mentioned in statement of holdings, Ex.P3 to the 3/5
deceased S.Sankara Raman. Therefore, the relief of succession certificate sought for by the petitioner in OP No.642 of 2021 has to be granted in favour of the petitioner. Accordingly, the Original Petition is allowed.
8. Registry is directed to issue succession certificate if the succession duty already paid or otherwise registry is directed to recover the succession duty from the petitioner for issuance of succession certificate. 26.04.2022 ksa-2 4/5
P.VELMURUGAN,J.
Ksa-2 O.P.No.642 of 2022 26.04.2022 5/5