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Madras High CourtOP/547/2024allowed

P.N.Chandrika Alias Yamuna v. No Respondent

2025-11-24Honourable Mr.Justice P. Dhanabal5 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 24-11-2025

CORAM

THE HONOURABLE MR.JUSTICE P. DHANABAL

1. P.N.Chandrika alias Yamuna W/o.Narasimhan, 17/55, South KR Koil Street, West Mambalam, Chennai - 600 033.

Petitioner(s) PRAYER: The Original Petition has been filed under Section 372 of the Indian Succession Act XXXIX of 1925 read with Order XXV Rule 6 of Original Side Rules praying that this Honourable Court may be pleased to grant succession certificate to the petitioner herein, with power to collect the debts together with accrued interest specified in the schedule hereto Net Amount Rs.3,32,856.15 Suc.duty of Rs.9,990/- paid on 01.08.2024.

For Petitioner(s):

M/s.J.Sathyavathi

ORDER

This petition has been filed by the petitioner praying to grant Succession Certificate under Section 372 of the Indian Succession Act read with Order XXV Rule 6 of the Original Side Rules.

2. According to the petitioner, one Mrs. S. Vaidehi died intestate on 16.12.2023 and she is the step mother of the petitioner and the deceased married the father of the petitioner namely Late Mr. C.S. Nathan @ C.Sreenathan, after the death of the petitioner's mother Mrs. Ramamani. The parents and the husband of the deceased Mrs. S. Vaidehi predeceased her. The deceased has no issues. The petitioner is the only surviving daughter to her father and she took care of the deceased and the petitioner has no siblings. The deceased, during her lifetime, had maintained Savings Bank Account in Indian Overseas Bank, West Mambalam and a Post Office Savings Account in the Post Office, Postal Colony, West Mambalam. Since the petitioner is the only legal heir to succeed the estate of the deceased, for which, the Succession Certificate is necessary to her. Therefore, she has filed this petition.

3. After filing of this Original Petition, the petitioner was directed to effect paper publication and the same was also effected. No any objection was received from any party. Thereafter, the matter was posted for examination of witnesses and the evidence was recorded. On the side of the petitioner, she was examined as PW1 and marked Ex.P.1 to Ex.P11.

4. This Court also perused the entire documents including the evidences. On a careful perusal of the evidence of PW1 and the documents Ex.P.1 to Ex.P.11, they reveal that the petitioner is the legal heir of the deceased Mrs. S. Vaidehi. The deceased had maintained a Savings Bank Account and

also a postal account mentioned in the Schedule of the petition and she died intestate, thereby, in order to withdraw those savings amount, the petitioner is entitled to get succession certificate.

5. In view of the same, this Original Petition is allowed. The petitioner is entitled to the succession certificate for the petition-mentioned assets and a direction for grant of Succession Certificate in favour of the petitioner with power to collect the securities and to receive the interest and dividends on and negotiate and transfer the securities specified in the Schedule, as applicable till the date of withdrawal, is issued..

24.11.2025 Index :

Yes/No Speaking Order :

Yes/No APPENDIX:

List of Petitioner side Witnesses:

PW1 :

Mrs. P.N. Chandrika @ Yamuna List of Petitioner side Documents:.

Exhibit No.

Date Description of Documents Ex.P.1.

- Computer generated Death Certificate of Mrs.

Vaidehi.

Ex.P.2 - Photocopy of birth Certificate of PW1.

Ex.P.3 - Photocopy of Aadhar Card of PW1 Ex.P.4.

- Photocopy of the Post Office Savings Account pass book bearing A/c. No.91410172 held by

Mrs. Vaidehi in West Mambalam Post Office, Chennai-600 033.

Ex.P.5 - Photocopy of the Indian Overseas Bank Savings Account pass book bearing A/c.

No.086801000020884 in Indian Overseas Bank, West Mambalam branch held by Mrs. S.Vaidehi.

Ex.P.6 - Photocopy of the Letter dated 26.04.2024 issued by Senior Manager, Indian Overseas Bank, West Mambalam Branch, Chennai-600 033 stating that Mrs. Vaidehi was an account holder of their branch bearing A/c. No.086801000020884.

Ex.P.7.

- Certificate under Section 65B of the Indian Evidence Act, 1872.

Ex.P.8.

07.12.2024 Copy of paper publications effected in one issue of Tamil daily "Makkal Kural".

Ex.P.9.

- Computer generated Death Certificate of Mr. C.S. Nathan.

Ex.P.10 - Certificate filed under Section 65B of Indian Evidence Act.

Ex.P.11 - Photocopy of Voter Identity card of Mrs. Vaidehi issued by Election Commission of India.

24-11-2025 Index:Yes/No Speaking/Non-speaking order Internet:Yes

P.DHANABAL J.

24-11-2025