K.Rajeswari v. K.Girish Kumar
O.P. No.615 of 2020 ABDUL QUDDHOSE, J.
This petition has been filed for Succession Certificate. 2.
The first petitioner is the wife and the second petitioner is the daughter of the deceased, M.B.Kannan, who died on 12.08.2017, leaving behind certain securities/ debts, which are morefully described in the schedule to the petition filed in support of O.P. No.615 of 2020. The respondent is the son of the deceased, M.B.Kannan. Since the Bank, in which, account was held by the deceased, M.B.Kannan, has insisted for Succession Certificate, the petitioners have approached this Court seeking for Succession Certificate. 3.
Before the learned Master, the wife of the deceased, M.B.Kannan was examined as a witness (P.W.1) and she has deposed on behalf of the other petitioner also. In her deposition, she has reiterated the contents of the petition filed in support of O.P. No.615 of 2020. Through P.W.1, the following documents were marked as Exhibits.
Exhibits Nature of the document Ex.P1 Computer generated death certificate of M.B.Kannan, who died on 12.08.2017.
Ex.P2 Photocopy of the Legal Heirship certificate dated 01.11.2017 in respect of M.B.Kannan Ex.P3 Photocopy of the reply dated 03.12.2019 addressed to the first petitioner by the Branch Manager, State Bank of India, Saligramam Branch.
Ex.P4 Photocopy of the bank passbook bearing account No.10214525863 in respect of M.B.Kannan.
Ex.P5 Computer generated death certificate of B.Gomathi, who died on 06.09.2018.
Ex.P6 Copy of paper publication effected in one issue of Tamil Daily "Makkal Kural" dated 21.02.2021.
4. The respondent, who is the son of the deceased, M.B.Kannan has submitted a consent affidavit before this Court and he has also been examined as a witness (R.W.1) and the said consent affidavit has been marked as Ex.R1, through him. He has stated 'No Objection' for grant of Succession Certificate in favour of his mother viz., the first petitioner herein. Similarly, the second petitioner, being the daughter, has also submitted a consent affidavit, stating her 'No Objection' for grant of Succession Certificate in favour of the first petitioner.
5. 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 properties and credits of the deceased. 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.
6.
After perusing and examining the pleadings and the evidence available on record, this Court is inclined to grant Succession Certificate in favour of the first petitioner as prayed for in O.P. No.615 of 2020. Accordingly, O.P. No.615 of 2020 is allowed.
13.12.2021 srn/ab
ABDUL QUDDHOSE, J.
srn/ab O.P. No.615 of 2020 13.12.2021