Vachala And 2 Others v. No Respondent

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 14.03.2023

CORAM

THE HONOURABLE MR.JUSTICE K.KUMARESH BABU 1.Vachala 2.S.Kalavathi 3.S.Kalaiselvi ... Petitioners PRAYER: Original Petition filed for Succession Certificate under Section 372 of Indian Succession Act, 1925 under Order XXV Rule 6 of Original Side Rules, prays that a Succession Certificate may be granted in favour of the 2nd Petitioner with powers to collect the debts and to receive the interest as specified in the schedule annexed hereto.

For Petitioners : Mrs.C.Rajesh Muthu Revathy

ORDER

The petitioners seeks Succession Certificate in respect of Provident Fund amount held by Late S.Shanthi, who died intestate on 12.03.2021. The parents of the deceased S.Shanthi, namely Mr.Sampath and Mrs.Unnamalai @ Kamalammal died on 14.08.1985 and 10.06.2020 respectively. The petitioners who are the sisters of the deceased S.Shanthi, is the only legal heirs, as the deceased remained unmarried till her death. 1/5

2. The 2nd petitioner has been examined as P.W.1. She has produced the death certificate of the deceased S.Shanthi, as Ex.P4, and the photocopy of the letter addressed to the Regional Provident Fund Commissioner, Chennai stating the terminal benefits of S.Shanthi to be paid and the online printout of EPF passbook for the financial year 2007-2008 to 2021-2022, as Exs.P7 and P8. The petitioners 1 and 3 have filed their consent affidavits expressing their no objection for grant of Succession Certificate in favour of the 2nd petitoiner. The said consent affidavits have been marked as Exs.P15 and P16. A paper publication has been made and no objections have been received.

3. In view of the above evidence particularly Ex.P7, presuposses 2nd petitoiner is a nominee of the deceased S.Shanthi. Also considering Exs.P15 and P16 the consent affidavits filed by the other petitioners, I have no hesitation in granting Succession Certificate as prayed for. In fine, the Original Petition is allowed granting Succession Certificate in favour of the 2nd petitioner, in respect of the Provident Fund amount mentioned in the schedule to the petition.

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Index :Yes/No Petitioner's witness:

P.W.1 - Mrs.S.Kalavathi Documents exhibited by the petitioners:

Exhibits Documents Ex.P1 Computer generated First Information Report bearing FIR No.60 dated 13.03.2021 registered by the Sub Inspector of Police, Flower Bazaar Police Station, Chennai Ex.P2 Form (46) with respect to the death of Shanthi dated 13.03.2021 issued by the Sub Inspector of Police, Flower Bazaar Police Station, Chennai Ex.P3 Original burial ground report in respect of death of Shanthi Ex.P4 Computer generated death certificate of Shanthi Ex.P5 Photocopy of Aadhaar card of S.Shanthi Ex.P6 Original burial ground report in respect of death of Unnamalai Ex.P7 Photocopy of the letter dated 30.09.2021 sent by the Rashiklal & Brothers to the Regional Provident Fund Commissioner, Chennai stating the terminal benefits of S.Shanthi to be paid to me Ex.

P8 Online printout of EPF passbook for the financial year 20072008 to 2021-2022 pertaining to the dues of S.Shanthi Ex.P9 My original affidavit dated 26.10.2021 Ex.P10 Photocopy of the Aadhaar card of the 1st petitioner Ex.P11 Photocopy of the Aadhaar card of the 2nd petitioner Ex.P12 Photocopy of the Aadhaar card of the 3rd petitioner Ex.P13 Copy of my letter dated 04.06.

Exhibits Documents asking to furnish details of entire provident fund and insurance amount pertaining to S.Shanthi E.P14 Online printout of track consignement bearing No.RT305457538IN for the delivery of my letter Ex.P15 Consent affidavit given by the 1st petitioner Ex.P16 Consent affidavit given by the 3rd petitioner Ex.P17 Copy of paper publication effected in one issue of Tamil daily "Makkal Kural" dated 09.12.2022.

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K.KUMARESH BABU,J.

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