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Madras High CourtOP/744/2022ordered

Revathi Srinivasan And Another v. Sriram Srinivasan

2023-11-29Honourable Mr Justice N. Sathish Kumar4 pages

N.SATHISH KUMAR, J.

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 first petitioner.

2.Heard the learned counsel for the petitioners.

3. It is the case of the petitioners that the first petitioner is the wife of the deceased S.Srinivasan, the second petitioner is the daughter of the deceased and first respondent is the son of the deceased. The said S.Srinivasan died on 19.01.2022. The petitioners are the legal heirs of the deceased S.Srinivasan. The deceased S.Srinivasan died intestate and though due and diligent search has been made for a Will, none has been found in respect of the debts mentioned in the schedule. The deceased left the 1/4

amount specified in the Schedule, within the jurisdiction of this Court. The securities in respect of which succession certificate is required for the value of Rs.3,00,000/-. The second petitioner and the respondent have given consent for issue of succession certificate in favour of the first petitioner. Hence, the petitioners have approached this Court for grant of succession certificate in favour of the first petitioner with power to collect the debts as specified in the schedule.

4. The first petitioner was examined as P.W.1 and marked Exs.P1 to Ex.P.5.

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 petitioner. Ex.P.3 is the computer generated death certificate of the deceased of S.Srinivasan. Ex.P.3 has been filed to show that the deceased S.Srinivasan died on 19.01.2022. Ex.P.4 is the computer generated legal heir certificate of the deceased S.Srinivasan. Ex.P.4 shows that the petitioners are the legal heirs 2/4

of the deceased S.Srinivasan. Ex.P.1 has been filed to prove the assets of the deceased S.Srinivasan. Ex.P.5 is the Paper publication and none objected for the same.

6. Considering the averments made in the petition and the documents filed by the petitioners, I am satisfied that the petitioners and the respondent has succeeded the estate of the deceased S.Srinivasan. Therefore, the petition is ordered as prayed for and a direction for grant of Succession Certificate in favour of the first petitioner with power to collect and to receive deposit specified in the schedule together with interest as applicable till the date of withdrawal, is issued.

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N.SATHISH KUMAR, J.

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