Lakshmi And 4 Others v. Gayathri Srinivasan

O.P.No. 733 of 2021 C.V.KARTHIKEYAN, J.

This Original Petition has been filed by the sisters and the legal representatives of the deceased brother of one Bhuvaneswari who was working as Deputy Director, Village Industries Board at Chennai. She had left behind term deposits with Corporation Bank, Ashok Nagar Branch. She died as a spinster. Therefore, taking advantage of Section 372 of Indian Succession Act 1925, the present Petition has been filed seeking Succession Certificate.

2. The respondent is the daughter of one of the sisters and the respondent had forwarded a letter dated 10.08.2021 stating that she has no objection for the issuance of Succession Certificate.

3. It must be mentioned that the respondent is a permanent resident of Wellington in Newziland. Service had been effected. Paper publication had been effected and service deemed sufficient.

4. The third petitioner Yamuna examined herself as PW-1. Exs. P-1 to P-21 were marked. Exs. P-1, P-2, P-4, P-6 are the death certificates of the parents and one of the brother and https://www.mhc.tn.gov.in/judis

C.V.KARTHIKEYAN, J.

vsg of Bhuvaneswari, Ex. P-3 is the legal heirship certificate of Jayalakshmi, the mother of Bhuvaneswari, Exs. P-14 to P-20 are documents issued by the Corporation Bank relating to the term deposit, Ex.P-21 is the paper publication.

5. In view of the fact that Bhuvaneswari died as a spinster and since her parents pre-deceased her, her brother and sisters / their legal representatives as class II heirs alone will be entitled for the benefits which had accrued to the term deposits. Necessary documents to evidence the same had been produced.

6. This Original Petition is allowed as prayed for. 08.09.2022 Index:Yes/No Internet :Yes/No vsg O.P.No. 733 of 2021 https://www.mhc.tn.gov.in/judis