← Library
Madras High CourtOP/473/2023ordered

V.Rajkumar And 2 Others v. No Respondent

2023-11-07Honourable Mr Justice N. Sathish Kumar4 pages

N.SATHISH KUMAR, 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. Heard the learned counsel for the petitioners.

3. It is the case of the petitioners that they are the Class-I legal heirs of the deceased M.Chandra. The deceased M.Chandra, died on 24.08.2022. The deceased died intestate left the amount specified in the Schedule, within the jurisdiction of this Court. The succession certificate is required for the purpose of claiming sum assured of Rs.2,65,000/- including the fixed deposit bearing FDR No.712419138 and locker bearing No.412 in TNS Bank, Shenoy Nagar Branch. Hence, the petitioners have approached this 1/4

Court for grant of succession certificate in favour of the first petitioner with power to collect the debts and to receive the interest and dividends on and negotiate and transfer the securities as specified in the schedule.

4. The first petitioner was examined as P.W.1 and marked Ex.P1 to Ex.P.5.

5. P.W.1 in his evidence had narrated the averments made in the petition stating that the petitioners have filed this petition for grant of Succession Certificate in favour of first petitioner. Ex.P.1 is the computer generated death certificate of the deceased. Ex.P.2 is the computer generated legal heir certificate of the deceased. Ex.P.3 is the original letter dated 30.03.2023 sent by TNSC Bank, Shenoy Nagar Branch, seeking succession certificate from competent court of law. Ex.P.4 is the photocopy of the letter dated 15.06.2023 sent by TNSC Bank, Shenoy Nagar Branch acknowledging the locker No.412 belongs to Mrs.M.Chandra. Ex.P5 is the copy of the paper publication. Despite Ex.P.5 paper publication, none objected and the same is recorded.

2/4

6. Considering the averments made in the petition as well as the documents, this petition is ordered as prayed for and a direction for grant of Succession Certificate in favour of the first petitioner with power to collect the debts and to receive the interest and dividends on and negotiate and transfer the securities as specified in the schedule together with interest as applicable till the date of withdrawal, is issued. 07.11.2023 dhk 3/4

N.SATHISH KUMAR, J.

dhk 07.11.2023 4/4