Mr.Jaivir Singh v. No Respondent
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 13.02.2025
CORAM
THE HONOURABLE MR.JUSTICE K.KUMARESH BABU Mr.Jaivir Singh
...Petitioner
PRAYER: Original Petition filed under Sections 372 of Indian Succession Act, 1925 read with Order XXV Rule 6 of O.S.Rules, prays that the Succession Certificate may be granted to him, with power to collect the Debts and to receive the interests thereon, specified in the Schedule hereunder and pass such suitable orders therefore. For Petitioner : Ms.Rukmani For M/s.P.B.Ramanujam Associates
ORDER
The petitioner seeks Succession Certificate in respect of the securities held by Late.Jatinder Gurbax Singh, who died intestate on 19.07.2017 as a spinster. The petitioner is the brother of the deceased.
2. The petitioner has examined himself as PW1. He has produced the death certificates of the deceased and the father and mother of the deceased 1/5
Late.Jatinder Gurbax Singh as Ex.P1 to P3. The service record of the father of the deceased as Ex.P20. The letters of the deceased to the Post Office marked as Ex.P21 and Ex.P22. On perusal of Ex.P20, it clearly exhibits that the deceased and the petitioner are siblings and the only children of the deceased's father. A perusal of Ex.P21 and Ex.P22 also exhibits that the deceased has nominated the petitioner to act on her behalf. A paper publication has been made and no objections have been received.
3. In view of the above evidence, the Original Petition is allowed granting Succession Certificate in favour of the petitioner, with the power to collect the securities and receive the interest and dividends mentioned in the schedule to the petition.
Index :Yes/No Petitioner's witness:
P.W.1 - Mr.Jaivir Singh Documents exhibited by the petitioners:
Ex.P1 Photocopy of the death certificate of Mr.Gurbax Singh 2/5
(Compared with the original) Ex.P2 Computer generated death certificate of Mr.Rajinder Gurbax. Ex.P3 Computer generated death certificate of Mr.Jatinder Gurbax. Ex.P4 Photocopy of the post office Saving Account passbook bearing Account No.0259988135 in the name of Mr.Jatinder Gurbax Singh. (Compared with the original) Ex.P5 Photocopy of the post office Saving Account passbook bearing Account No.3107278587 in the name of Mr.Jatinder Gurbax Singh. (Compared with the original) Ex.P6 Photocopy of the post office Saving Account passbook bearing Account No.0259887474 in the name of Mr.Jatinder Gurbax Singh. (Compared with the original) Ex.P7 Photocopy of the post office Saving Account passbook bearing Account No.0000500388 in the name of Mr.Jatinder Gurbax Singh. (Compared with the original) Ex.
P8 Photocopy of the post office Saving Account passbook bearing Account No.0000947039 in the name of Mr.Jatinder Gurbax Singh. (Compared with the original) Ex.P9 Photocopy of the post office Saving Account passbook bearing Account No.0000949125 in the name of Mr.Jatinder Gurbax Singh. (Compared with the original) Ex.P10 Photocopy of the post office Saving Account passbook bearing Account No.0000946933 in the name of Mr.Jatinder Gurbax Singh. (Compared with the original) Ex.P11 Photocopy of the fixed deposit of Indian Overseas Bank bearing Receipt No.420900013 dated 08.04.2007 standing the name of Mr.Jitendar Gurbax Singh. (Compared with the original) Ex.P12 Photocopy of the fixed deposit of Indian Overseas Bank bearing Receipt No.420700040 dated 15.03.2007 standing the name of Mr.Jitendar Gurbax Singh. (Compared with the original) Ex.
P13 Photocopy of the fixed deposit of Indian Overseas Bank bearing Receipt No.420700041 dated 15.03.2007 standing the name of Mr.Jitendar Gurbax Singh. (Compared with the original) Ex.
Receipt No.420700042 dated 15.03.2007 standing the name of Mr.Jitendar Gurbax Singh. (Compared with the original) Ex.P15 Photocopy of the fixed deposit of Indian Overseas Bank bearing Receipt No.420900022 dated 16.06.2009 standing the name of Mr.Jitendar Gurbax Singh. (Compared with the original) Ex.P16 Photocopy of the fixed deposit of Indian Overseas Bank bearing Receipt No.420700088 dated 03.08.2007 standing the name of Mr.Jitendar Gurbax Singh. (Compared with the original) Ex.P17 Photocopy of the fixed deposit of Indian Overseas Bank bearing Receipt No.420700089 dated 03.08.2007 standing the name of Mr.Jitendar Gurbax Singh. (Compared with the original) Ex.P18 Photocopy of the fixed deposit of Indian Overseas Bank bearing Receipt No.421100080 dated 18.05.2011 standing the name of Mr.Jitendar Gurbax Singh.
(Compared with the original) Ex.P19 Photocopy of the fixed deposit of Indian Overseas Bank bearing Receipt No.421100081 dated 18.05.2011 standing the name of Mr.Jitendar Gurbax Singh. (Compared with the original) Ex.P20 Photocopy of the service record book of Mr.Gurbax Singh (Compared with the original) Ex.P21 Letter dated 15.07.2017 written by Mr.Jitendar Gurbax Singh to the Head Postmaster, T.Nagar HB, Chennai - 17. Ex.P22 Letter dated 16.07.2017 written by Mr.Jitendar Gurbax Singh to the Head Postmaster, Selaiyur Post office.
Ex.P23 Copy of the paper publication effected in one issue of Tamil daily "Makkal Kural" dated 23.11.2024.
Ex.P24 Affidavit under Section 65 B of the Indian Evidence Act 1872. 4/5
K.KUMARESH BABU,J.
5/5