V.Saranya And 2 Others v. Egavalli Rathinavel

O.P.No.489 of 2023 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 R.Vijaya Babu and the second the third petitioners are the minor daughters of the deceased R.Vijaya Babu. The respondent is the mother of the deceased and the father of the deceased predeceased him. The petitioners and the respondent are the class I legal heirs of the deceased R.Vijaya Babu. The deceased R.Vijaya Babu 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 Postal 1/4

Life Insurance Policy TN-374919-CS within the jurisdiction of this Court. The securities in respect of which succession certificate is required for the value of Rs.5,00,000/-. The first petitioner undertake to deposit the minors the second and third petitioners' share in any nationalized bank until they attain the age of majority and the respondent has no objection in granting succession certificate in favour of the first petitioner. Hence, the first petitioner has approached this Court for grant of succession certificate in his favour 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.8.

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.1 is the computer generated death certificate of R.Vijaya Babu. Ex.P.1 has been filed to show that the R.Vijaya Babu died on 10.06.2022. Ex.P.2 is the Computer Generated Legal Heirship Certificate of the said R.Vijaya Babu. 2/4

Ex.P.2 shows that the petitioners and the respondent are the legal heirs of the deceased R.Vijaya Babu. Ex.P.3 is the copy of the Postal Life Insurance Policy standing in the name of the deceased R.Vijaya Babu.

6. Considering the averments made in the petition and the documents filed by the petitioners, I am satisfied that the petitioners and the respondent have succeeded the Estate of the deceased R.Vijaya Babu. 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. The first petitioner shall deposit the share of the minors, viz., the second and third petitioners' herein, in a fixed deposit in any nationalized bank until they attain the age of majority. 30.10.2023 vrc 3/4

N.SATHISH KUMAR, J.

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