S.Preethi Shankar v. Kantha And 2 Others
O.P.No.33 of 2023 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. It is the case of the petitioner that C.Thangaraj died on 16.04.2021 at Kilpauk Medical College Hospital, Kilpauk, Chennai 60010. He left the deposits specified in the schedule to the petition. The 1st respondent is the wife of the deceased-Thangaraj. The 2nd respondent is the husband, the 3rd respondent is the son and the petitioner is the daughter of the predeceased daughter of the deceased viz., Kalaiselvi. The parents of the deceased Thangaraj had predeceased him. The deceased died intestate and though due and diligent search has been made for a Will, none has been found. The succession certificate is required for the purpose of transferring the shares/securities. The assets in respect of which the succession certificate is required are of the value of Rs.5,08,618/-.
No application for a succession certificate in respect of any debt or security belonging to the estate of the said deceased has been made to any District Court or delegate or to any High Court. Hence, the petitioner has approached this Court for grant of succession certificate in her favour for the purpose of transferring of deposits held in the name of the deceased.
3.The petitioner examined herself as P.W.1 and marked Exs.P1 to P5. Ex.P.1 is the original death certificate of late S.Kalai Selvi. Ex.P.2 is the computer generated death certificate of late Thangaraj. Ex.P.3 is the computer generated legal heir certificate of late Kalai Selvi. Ex.P.4 is the computer generated legal heir certificate of late Thangaraj. Ex.P.5 is the photocopy of the Statement of Account of Post Office bearing Ac No.1248412365 in the name of the deceased Thangaraj.
4.Considering the averments made in the petition and the documents filed by the petitioner, I am satisfied that the petitioner has succeeded the Estate of the deceased C.Thangaraj. Therefore, the petition is ordered as prayed for and a direction for grant of Succession Certificate to the petitioner with power to collect the debts and to receive interests, if any, due thereon and negotiate and transfer the deposits / savings specified in the schedule, is issued. The petitioner is directed to render account once in a year. 09..10..2023 kmk
N.SATHISH KUMAR, J kmk O.P.No.33 of 2023 09..10..2023