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Madras High CourtOP/669/2021ordered

Sathi Devi v. Nil

2022-02-15Honourable Mr Justice P. Velmurugan5 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

(TESTAMENTARY AND INTESTATE JURISDICTION) TUESDAY, THE 15TH DAY OF FEBRUARY 2022 THE HON'BLE MR. JUSTICE P.VELMURUGAN O.P.No.669 of 2021 In the matter of Indian Succession Act XXXIX of 1925 and In the matter of certain debts of the K.Narayana Kurup alias K.N.Kurup (Intestate Deceased)

1. MRS.SATHI DEVI, W/o.Late K.Narayana Kurup alias K.N.Kurup, 2.MRS. SHARIKA SATHIDEVI W/o.Mr.Vimalkumar, D/o.Late K.Narayana Kurup alias K.N.Kurup, 3.MRS.SHALU S KURUP W/o.Mr.P.M.Haridass, D/o.Late K.Narayana Kurup alias K.N.Kurup, All are residing at No.12/8, Chinna Kulandai 3rd Street, Perambur, Chennai - 600 011.

..Petitioners Original Petition praying that this Hon'ble Court be pleased to Grant a Succession Certificate 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 by the legal heirs of the deceased K.Narayana Kurup @ K.N.Kurup who died on 18.05.2021 at Chennai.

2. The first petitioner is the mother and the second and third petitioners are the daughters of the deceased K.Narayana Kurup @ K.N.Kurup. The parents of the deceased K.Narayana Kurup @ K.N.Kurup were predeceased him. As the deceased K.Narayana Kurup @ K.N.Kurup died intestate, the petitioners who are the only legal heirs of the deceased have filed this application for grant of Succession Certificate in their favour. 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.7,40,138/-, according to the petitioners.

3. The first petitioner who is the wife of the deceased K.Narayana Kurup @ K.N.Kurup 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.

Exhibits Nature of the documents P1 Computer generated death certificate of K.Narayanakurup P2 Computer generated death certificate of Devakiamma P3 Computer generated Legal Heirship certificate of K.Narayanakurup P4 Photocopy of the front page of Public Provident Fund Scheme passbook bearing account No.10313722803 standing in the name of K.N.Kurup along with the certified copy of the statement of account dated 13.08.2021 P5 Photocopy of the front page of savings account passbook issued by State Bank of India bearing account No.10313623585 standing in the name of K.N.Kurup along with the certified copy of the statement of account dated 13.08.2021. P6 Photocopy of the letter dated 13.08.2021 issued by State Bank of India P7 Photocopy of the Family card of K.Narayanakkurup P8 Photocopy of the Aadhaar card of K.Narayanakkurup P9 (series 3 Nos.) Photocopies of the Aadhaar cards of the petitioners 1 to 3 P10 Copy of paper publication effected in one issue of Tamil daily "Makkal Kural" dated 11.12.2021

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. As seen from the death certificate marked as Ex.P1, K.Narayana Kurup @ K.N.Kurup died on 18.05.2021 and he was aged 66 years at the time of his death. Ex.P2, the death certificate of Devakiamma reveals that the mother of the deceased K.Narayana Kurup @ K.N.Kurup predeceased him on 04.02.2021. As seen from the Legal Heirship certificate, dated 09.08.2021 marked as Ex.P3, the petitioners are the only Legal Heirs for the deceased K.Narayana Kurup @ K.N.Kurup. Ex.P4 & Ex.P5 are the Public Provident Fund Scheme passbook and State Bank of India, saving account passbook standing in the name of the deceased K.Narayana Kurup @ K.N.Kurup. Ex.P6 is a letter from the State Bank of India advising the petitioners for obtaining succession certificate. Ex.P7 & Ex.

P8 are the Family card and the Aadhaar card of the deceased K.Narayana Kurup @ K.N.Kurup. Ex.P9 is the copies of the petitioners' Aadhaar Cards. Paper publication has also been effected by the petitioners in one issue of Tamil daily "Makkal Kural" on 11.12.2021 which has been marked as Ex.P10.

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.669 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.

15.02.2022 //Certified to be a true copy// Dated at Madras this the day of 2022. SU./17.02.2022 COURT OFFICER(O.S.) From 25.09.2008 the Registry is issuing certified copies of the Orders/Judgments/Decrees in this format.