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Madras High CourtOP/836/2019allowed

S.Srividya v. No Respondent

2021-12-02Honourable Mr Justice Abdul Quddhose4 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

(TESTAMENTARY AND INTESTATE JURISDICTION) THURSDAY, THE 02ND DAY OF DECEMBER 2021 THE HON'BLE MR. JUSTICE ABDUL QUDDHOSE O.P.No.836 of 2019 In the matter of Indian Succession Act,1925 (Act XXXIX of 1925) and In the matter of certain debts in respect of R.Subramanian (DIED INTESTATE)

1. S.SRIVIDYA W/o.Late R.Subramanian, Flat E-3, Juniper Appartments, Tas Enclave Block, AK55, 10th Main Road Extension, Anna Nagar, Chennai-600040.

2. S.SHREYA D/o.Late R.Subramanian, Flat E-3, Juniper Appartments, Tas Enclave Block, AK55, 10th Main Road Extension, Anna Nagar, Chennai-600040.

..Petitioner Original Petition praying that this Hon'ble Court be pleased 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 in the petition.

This Original Petition coming on this day before this court for hearing the court made the following order:

This Petition has been filed under Section 372 of the Indian Succession Act, 1925 read with Order XXV Rule 6 of the Madras High Court Original Side Rules, to grant succession certificate in favour of the petitioners, who are the wife and daughter of R.Subramanian, who died intestate on 21.03.2019, leaving behind securities mentioned in the schedule to the petition.

2. Heard the learned counsel for the petitioner.

3. The 1st petitioner is the wife and the 2nd petitioner is the daughter of the deceased R.Subramanian, and they are his only legal heirs, entitled to the securities which are standing in the name of R.Subramanian, deceased.

4. Before the Learned Master, the first petitioner, being the wife of the deceased, R.Subramanian was examined as a witness (P.W.1). In her deposition, she has reiterated the contents of the petition filed in support of O.P.No.836 of 2019 seeking for succession certificate and through her, the following documents were marked as exhibits:-

Exhibits Nature of the document Ex.P-1 Computer Generated Death Certificate of R.Subramanian, who died on 21.03.2019.

Ex.P-2 Computer generated Legal Heirship certificate dated 09.05.2019 in respect of R.Subramanian.

Ex.P-3 Original letter dated 03.08.2019 addressed to the petitioners by the State Bank of India, Anna Nagar West Branch.

Ex.P-4 Original bank statement of account in respect of R.Subramanian bearing account No.10408633947. Ex.P-5 Copy of paper publication effected in one issue of Tamil Daily "Makkal Kural"dated 17.12.2019.

5. As seen from the evidence available on record, the petitioners are the only legal heirs of the deceased R.Subramanian, who died on 21.03.2019. The original letter dated 03.08.2019 addressed to the first petitioner by the State Bank of India, Anna Nagar West Branch, which has been marked as Ex.P3 reveals that the deceased R.Subramanian was holding securities as mentioned in the schedule to the petition filed in support of the O.P.No.836 of 2019. The original bank statement of R.Subramanian (Deceased) bearing account No.10408633947 has already been marked as Ex.P4 before the Learned Master.

6. After giving due consideration to the evidence available on record and after perusing the contents of the petition, this Court is satisfied that the petitioners have succeeded the Estate of the deceased R.Subramanian.

Therefore, the petition is ordered as prayed for and a direction for grant of Succession Certificate to the petitioners with power to collect the debts with accrued interest and securities, receive the dividends thereon and negotiate and transfer the securities specified in the schedule, is issued. The petitioners are directed to render account once in a year. Sd/.A.Q.J.

02.12.2021 //Certified to be a true copy// Dated at Madras this the day of 2021. SU./14.12.2021 COURT OFFICER(O.S.) From 25.09.2008 the Registry is issuing certified copies of the Orders/Judgments/Decrees in this format.