M.Devi And 3 Others v. No Respondent

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 petitioners.

2. Heard the learned counsel for the petitioners.

3. It is the case of the petitioners that the first petitioner is the daughter in law of the deceased and the petitioners 2 to 4 are the grandchildren. The deceased G.Venkatesan died on 17.04.2019, intestate leaving behind the petitioners as surviving legal heirs. The wife and son of the deceased pre-deceased him on 17.02.2018 and 22.10.2012 respectively. The deceased 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 1/4

the schedule. The deceased left the amount specified in the Schedule, within the jurisdiction of this Court. The succession certificate is required for the purpose of transferring the service benefits of the deceased Venkatesan to a value of Rs.2,88,519/-. Hence, the petitioners have approached this Court for grant of succession certificate in favour of the them with power to collect the securities and to receive the interests and dividends thereon and negotiate and transfer the securities as specified in the schedule.

4. The first petitioner was examined as P.W.1 and marked Ex.P1 to Ex.P.10.

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 petitioners. Ex.P.1 is the computer generated death certificate of the deceased Mr.G.Venkatesan. Ex.P2 is the computer generated death certificate of Mrs.G.Surya. Ex.P3 is the computer generated death certificate of Mr.Mohan. Ex.P4 is the computer generated legal heir certificate of Mr.Mohan Venkatesan. Ex.P.5 is the original bank 2/4

passbook standing in the name of the deceased Mr.G.Venkatesan. Exs.P6 to P9 are the photocopies of Aadhar Card of the petitioners. Ex.P.10 is the copy of the paper publication. Despite Ex.P.10 paper publication, none objected and the same is recorded.

6. Considering the averments made in the petition as well as the documents, this petition is ordered as prayed for and a direction for grant of Succession Certificate in favour of the petitioners with power to collect the securities, debts, to receive interest, dividends on, negotiate and transfer the securities specified in the schedule together with interest as applicable till the date of withdrawal, is issued.

11.12.2023 dhk 3/4

N.SATHISH KUMAR, J.

dhk 11.12.2023 4/4