← Library
Madras High CourtOP/779/2022ordered

R.Shanthi v. No Respondent

2024-03-04Honourable Mr Justice N. Sathish Kumar4 pages

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 petitioner.

2. Heard the learned counsel for the petitioner.

3. It is the case of the petitioner that she is the sister of the deceased R.Sridharan. Along with the petitioner, the deceased had two other brothers, who predeceased the deceased. The parents of the deceased also predeceased. The deceased died on 12.04.2019. The deceased was not married and died issue less. The petitioner is the sole and surviving class II legal heir. The deceased died intestate left the amount specified in the Schedule, within the jurisdiction of this Court. The succession certificate is required for the purpose of operating the deceased account to the value of Rs.3,93,751.74/-. Hence, the petitioner has approached this Court for grant 1/4

of succession certificate in favour of her with power to collect the debts and securities and to receive the interest and dividend on and negotiated and transfer the securities as specified in the schedule.

4. The petitioner was examined as P.W.1 and marked Exs.P1 & P.7. P.W.1 in her evidence had narrated the averments made in the petition stating that the petitioner has filed this petition for grant of Succession Certificate in her favour. Ex.P.4 is the photocopy of the passport of the petitioner. Ex.P5 is the photocopy of the Bank passbook in State Bank of India, Gopalapuram Branch bearing A/c.No10712767125 standing in the name of the deceased. Ex.P6 is the computer generated death certificate of the deceased. Ex.P7 is the copy of paper publication, however, none objected the same.

5. 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 petitioner with power to collect and to receive deposit specified in the schedule together with interest as applicable 2/4

till the date of withdrawal, is issued.

04.03.2024 dhk N.SATHISH KUMAR, J.

3/4

dhk 04.03.2024 4/4