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Madras High CourtOP/793/2021allowed

Kamala Raghuraman And Another v. Nil

2022-06-24Honourable Mr Justice Krishnan Ramasamy4 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

(TESTAMENTARY AND INTESTATE JURISDICTION) FRIDAY, THE 24TH DAY OF JUNE 2022 THE HON'BLE MR. JUSTICE KRISHNAN RAMASAMY O.P.No. 793 of 2021 In the matter of Indian Succession Act, XXXIX of 1925 and In the matter of debts of S.Raghuraman - Deceased Intestate

1. KAMALA RAGHURAMAN, W/o.S.Raghuraman, Flat No.B2, Old No.26/2, New No.21/2, GRN Arcade, Thilak Street, Parthasarathipuram, T.Nagar, Chennai - 600 017.

2. SREERAM RAGHURAMAN S/o.S.Raghuraman, Flat No.B2, Old No.26/2, New No.21/2, GRN Arcade, Thilak Street, Parthasarathipuram, T.Nagar, Chennai - 600 017.

.Petitioners This original petition praying that this Hon'ble court be pleased that a Succession Certificate may be granted to the petitioners, with power to collect the debts and to receive the interest if any due thereon 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 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 petitioners.

2. It is the case of the petitioners that the first petitioner herein is the wife of the deceased S.Raghuraman and he passed away on 29.04.2021. The second petitioner is the son of the deceased S.Raghuraman and the petitioners herein are the only surviving Class - I legal heirs of deceased S.Raghuraman, who died intestate on 29.04.2021. During the life time of the deceased S.Raghuraman, he has deposited his money in State Bank of India, Chennai Main Branch in PPF Account no.10886104133. The total amount of the assets value will be for a sum of Rs.39,85,021.47/-. The petitioners are filing this petition for grant of Succession Certificate in favour of them.

3.It is further stated that the other than the petitioners, there are no other relatives to succeed the estate as legal heirs. Therefore, the petitioners

are entitled for share in the estate of the said deceased S.Raghuraman.

4. No application for a succession certificate in respect of any debt or security belonging to the estate of the said deceased has been made to any District Court or delegate or to any High Court. Hence, the petitioners have approached this Court for grant of succession certificate in favour of them with power to collect securities and to receive interest, dividends thereon and negotiate and transfer the securities specified in the petition schedules.

5. In order to prove their case, Mrs.Kamala Raghuraman, the first petitioner herein, is examined as PW.1 and marked Exs.P1 to P4. Ex.P1 is the computer generated death certificate of S.Raghuraman. Ex.P2 is the computer generated Legal Heirship certificate in respect of S.Raghuraman. Ex.P3 is the photocopy of the certificate issued by the Branch Manager of the State Bank of India showing the balance in the PPF account of S.Raghuraman bearing account no.10886104133. Ex.P4 is a copy of paper publication effected in one issue of Tamil Daily ''Makkal Kural'' dated 10.03.2022.

6.On perusal of Ex.P2, the Legal Heirship Certificate of the deceased S.Raghuraman, it would show that the petitioners are the Class I legal heirs

of the deceased S.Raghuraman. Despite the paper publication also, none has appeared and raised their objections.

7. Considering the averments made in the petition and the evidence tendered by PW.1 along with the documents marked as Exs.P1 to P4, this Court is satisfied that the petitioners have succeeded for the Estate of the deceased S.Raghuraman. Therefore, the petition is ordered as prayed for and a direction for grant of Succession Certificate to the petitioners with power to collect the debts and to receive the interest and dividends on and negotiate and transfer the securities specified in the schedule, is issued.

8. Accordingly, the petitioners are entitled for the relief as prayed for by the petitioners and this Original Petition stands allowed. Sd/.K.R.J.

24.06.2022 //Certified to be a true copy// Dated at Madras this the day of 2022. su.04.07.2022 COURT OFFICER(O.S.) From 25.09.2008 the Registry is issuing certified copies of the Orders/Judgments/Decrees in this format.