Mrs.S.Deepa And 2 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 first petitioner.

2. Heard the learned counsel for the petitioners. The petitioners 1 to 3 are the wife and children of the deceased Mr.V.Srinivasan. The deceased died on 22.02.2023. The first petitioner undertakes to deposit the share of the minors/petitioners 2 and 3 to any one of the nationalised bank till they attain majority. 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 withdrawing the sum assured along with the interest accumulated thereon to be paid by the Park Town Head Post Office, Chennai to the value of Rs.2,00,000/-. Hence, the petitioners have approached this Court for grant of succession certificate in favour of the first petitioner with power to collect the debts and securities and to receive 1/4

the interest and dividend on and negotiated and transfer the securities as specified in the schedule.

3. The first petitioner was examined as P.W.1 and marked Exs.P1 & P.9. 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 the first petitioner. Exs.P.1 is the computer generated death certificate of the deceased. Ex.P2 is the computer generated legal heir certificate of the deceased. Ex.P3 is the computer generated death certificate of the deceased. Ex.P4 is the computer generated death certificate of Mr.M.Vasudevan. Exs.P5 to P7 are the photocopies of the Aadhar card of the petitioners. Ex.P8 is the original letter addressed to the first petitioner by the Post Master, Park Town HPO annexed with the photocopy of the PLI Bond standing in the name of the deceased. Ex.P9 is the copy of paper publication, however, none objected the same.

4. On perusal of the above evidences, this Court is of the view that the evidences substantiate the stand of the petitioners and prove that the 2/4

petitioners are the legal heirs and they are entitled to succeed the estate left by the deceased.

5. Accordingly, this petition is ordered as prayed for and a direction for grant of Succession Certificate in favour of the first petitioner with power to collect and to receive deposit specified in the schedule together with interest as applicable till the date of withdrawal, is issued.

6. The first petitioner is directed to deposit the minor's share in a fixed deposit in any of the nationalized bank in their name, till the minors attains majority. The first petitioner shall produce a copy of the deposit receipt within one month and the first petitioner shall receive the accrued interest, once in three months, from the deposit for the purpose of the education and betterment of the minors.

7. Post this case on 15.04.2024, for compliance. 12.03.2024 dhk 3/4

N.SATHISH KUMAR, J.

dhk 12.03.2024 4/4