Worathur Anand And 2 Others v. No Respondent
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 12.12.2022
CORAM
THE HONOURABLE MR.JUSTICE SENTHILKUMAR RAMAMOORTHY 1.Worathur Anand, Son of Late Mr.Woarathur Somasundaram and Late Mrs.W.S.Kannibai, Hindu, aged about 56 years, residing at No.13, M.G.R.Road, Palavakkam, Chennai-600 041.
2.Arun Ramesh, Wife of Mr.P.S.Ramesh Daughter of Late Mr.Worathur Somasundaram and Late Mrs.W.S.Kannibai, Hindu, aged about 54 years residing at Old No.8, New No.15, W.Square, Lime Light Apartments, Second Main Road, Gandhi Nagar, Adyar, Chennai-600 020.
3.Worathur Venkatesh, Son of late Mr.Worathur Somasundaram and Late Mrs.W.S.Kannibai, Hindu, aged about 51 years, permanently residing No.6144, Sophora Ln.Frisco, TX 75036, United States of America, Represented by his Elder Sister and Special Power of Attorney Mrs.Aruna Ramesh Wife of Mr.P.S.Ramesh, 1/6
Daughter of late Mr.Worathur Somasundaram and Late Mrs.W.S.Kannibai, Hindu, aged about 54 years, residing at Old No.8, New N.15, W.Square, Lime Light Apartments, Second Main Road, Gandhi Nagar, Adyar, Chennai-600 020 ... Petitioners PRAYER: Original Petition filed under Part X Section 372 of Indian Succession Act, 1925 r/w. Order XXV Rule 6 of Original Side Rules, prays that a Succession Certificate may be granted to the Petitioners with power to collect the debts and to receive the interest specified in the Schedule hereto and to open the locker.
For Petitioners : Mr.S.Mahimai Raj **********
ORDER
The petitioners seek the issuance of a succession certificate in respect of the assets described in the schedule to this petition upon the demise of their mother.
2. The petitioners state that they are the children of W.S.Kannibai. She died on 06.03.2018 and ordinarily resided at Gandhi Nagar, Adyar, 2/6
within the jurisdiction of this Court. The petition is filed in respect of the savings bank account and locker of the mother of the petitioners in the Standard Chartered Bank.
3. In support of this petition, the petitioners adduced evidence by examining the first petitioner as PW1. In course of the examination-in-chief of PW1, the 12 documents set out at the foot of this order were exhibited as Exs.P1 to P12. The death certificate of the petitioners' mother is on record as Ex.P3. This document discloses that she died on 06.03.2018. It also specifies her permanent address, which is within the jurisdiction of this Court. The legal heirship certificate of Mrs.W.S.Kannibai is on record as Ex.P5. This document discloses the names of the three petitioners herein as the surviving legal heirs of the late W.S.Kannibai. The death certificate of the petitioners' father is on record as Ex.P9. The said document discloses that the petitioners' father, late W.Somasundaram, died on 29.04.2000. In relation to the relevant assets, Exs.P4 and P7, the account statement and reply from the Bank Manager, Standard Chartered Bank, were exhibited. The paper publication in the Tamil daily 'Makkal Kural' is also on record as Ex.P12.
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4. Based on the assertions in the petition and the evidence recorded in support thereof, the petitioners are entitled to succeed. Accordingly, O.P.No.340 of 2022 is allowed by granting succession certificate to the petitioners in respect of the debts specified in the schedule to the petition. Consequently, the petitioners shall be entitled to collect the debts, including interest accruals thereon, and transfer the same. 12.12.2022 Index : Yes / No Internet : Yes / No kal Petitioner's witness:
P.W.1 - Mr.Worathur Anand Documents exhibited by the petitioners:
Exhibit No.
Description Ex.P1 The photocopy of the Legal Heirship certificate of W.Somasundaram (Compared with the original) Ex.P2 The photocopy of the passport of Worathur Venkatesh, 3rd petitioner (The original passport is in the custody of the 3rd petitioner. Counsel for the petitioners insisted for marking of the photocopy of this document. This document is marked subject to its admissibility, proof and relevancy). Ex.P3 The computer generated death certificate of W.S.Kannibai. 4/6
Exhibit No.
Description Ex.P4 The online printout of account statement of Standard Chartered Bank in respect of the account held by Mrs.W.S.Kannibai. Ex.P5 The computer generated Legal Heirship Certificate of Mrs.W.S.Kannibai.
Ex.P6 The original letter dated 17.06.2021 given by the 2nd petitioner to the Bank Manager, Standard Chartered Bank. Ex.P7 The original reply dated 23.06.2021 addressed to the 2nd petitioner by the Bank Manager, Standard Chartered Bank. Ex.P8 The photocopy of the special power of attorney executed by the 3rd petitioner in favour of the 2nd petitioner (Compared with the original) Ex.P9 The computer generated death certificate of Somasundaram. Ex.P10 The photocopy of my Aadhaar card (Compared with the original) Ex.P11 The photocopy of the Aadhaar card of the 2nd petitioner (Compared with the original) Ex.P12 The copy of paper publication effected in one issue of Tamil daily "Makkal Kural" dated 29.09.2022.
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SENTHILKUMAR RAMAMOORTHY,J kal 12.12.2022 6/6