K.Devi Bhavani And 2 Others v. No Respondent

N.SATHISH KUMAR, J.

This Original Petition has been filed under Section 372 of the Indian Succession Act, 1925 read with Order XXV Rule 6 of the Madras High Court Original Side Rules, to grant succession certificate in favour of the petitioners in respect of the assets and debts left by the deceased D.V.Umarani.

2. Heard the learned counsel for the petitioners.

3. The first petitioner is the daughter-in-law of the deceased D.V.Umarani and the second and third petitioners are the grandchildren of the deceased. The first petitioner's husband one S.L.Karthigeyan is the only son of the deceased, who is also died. The husband of the deceased died on 09.05.2005. The deceased died on 01.07.2021 and her only son viz., husband of the first petitioner died on 23.11.2021 leaving behind him the petitioners as Class - I legal heirs. Hence, petitioners have approached this Court for grant

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

4. The first petitioner has examined herself as P.W.1 and marked Exs.P1 to Ex.P.9.

5. P.W.1 in her 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 the first and second petitioners. Ex-P.1 is the photocopy of the savings bank pass book of the deceased (Choolaimedu Post Office, Chennai, bearing account No.4772069128); Ex-P.2 is the photocopy of the savings bank pass book of the deceased (Choolaimedu Post Office, Chennai, bearing account No.4786246874); Ex-P.3 is the death certificate of M.S.Logavelu, husband of the deceased; Ex-P.4 is the photocopy of the legal heirship certificate of M.S.Logavelu; Ex-P.5 is the computer generated death certificate of deceased D.V.Umarani; Ex-P.6 is the photocopy of the legal heirship certificate of the deceased; Ex-P.7 is the computer generated death certificate of S.L.Karthigeyan (husband of the first

petitioner); Ex-P.8 is the photocopy of the legal heirship certificate of husband of the first petitioner; Ex-P.9 is the paper publication and none have objected for it.

6. Considering the averments made in the Original Petition and the documents filed by the petitioners, I am satisfied that the petitioners have succeeded the Estate of the deceased D.V.Umarani. Therefore, the Original Petition is ordered as prayed for and a direction for grant of Succession Certificate jointly in favour of the first and second petitioners with power to collect the debts and to receive the interest thereon specified in the schedule and the share of the minor viz., third petitioner shall be kept in interest bearing deposit in any one of the nationalized banks till the minor attains majority, is issued.

12.10.2023 TK

N.SATHISH KUMAR, J.

TK 12.10.2023