← Library
Madras High CourtOP/63/2023ordered

N.V.Sulochana v. N.V.Jaganathan And 6 Others

2023-07-25Honourable Ms Justice R.N.Manjula6 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 25.07.2023

CORAM

THE HONOURABLE MS.JUSTICE R.N.MANJULA N.V.Sulochana ...

Petitioner Vs 1.N.V.Jaganathan 2.N.V.Sridhar 3.N.V.Muralidharan 4.N.V.Geetha 5.K.Jayabai 6.Vijay Namakkal Srinivasan 7.N.S.Arun ...

Respondents PRAYER: Original Petition filed for Succession Certificate under Section 372 of the Indian Succession Act 39 of 1925 read with Order XXV Rule 6 of Original Side Rules, prays that a Succession Certificate may be granted to the petitioner N.V.Sulochana with power to collect the debts and to receive the interest specified in the schedule hereto. For Petitioner : M/s.P.K.Vasuki

ORDER

This Petition has been filed under Section 372 of the Indian Succession Act for grant of Succession Certificate to the petitioner in respect 1/6

of the bank balance maintained by one L.Vimala with Canara bank, West Mambalam Branch saving bank account No.2616101008322.

2. The deceased L.Vimala is the sister of the mother of the petitioner and the respondents. The said Vimala died intestate and she remained unmarried during her life time and the parent of the deceased Vimala also predeceased her. The respondents are the other siblings of the petitioner. The Deceased Vimala had only one sister and she also died and as such the deceased has no other legal heir except the petitioner and the respondents who are her second class legal heirs.

3. The petitioner is examined herself as PW.1 and the following documents were marked through her and they are listed as hereunder: Exhibits Documents Ex.P1 The computer generated death certificate of Ms.L.Vimala Ex.P2 The online print out of statement of account given by Canara Bank, West Mambalam Branch standing in the name of Ms.Vimala L bearing account No.2616101008322 Ex.P3 The photocopy of the Family Card of Mr.M.V.Srinivasan (compared with the original) Ex.P4 The photocopy of PAN Card of Ms.Vimala (compared with the original) Ex.P5 The Photocopy of the Aadhar Card of Ms.L.Vimala (compared with the original) 2/6

Exhibits Documents Ex.P6 The photocopy of pension book bearing No.T 70615 standing in the name of Ms.L.Vimala (compared with the original) Ex.P7 The photocopy of the Aadhar Card of Ms.N.V.Sulochana (compared with the original) Ex.P8 The consent affidavit given by the 1st respondent Ex.P9 The consent affidavit given by the 2nd respondent Ex.P10 The consent affidavit given by the 3rd respondent Ex.P11 The consent affidavit given by the 4th respondent Ex.P12 The consent affidavit given by the 5th respondent Ex.P13 The consent affidavit given by the 6th respondent Ex.P14 The consent affidavit given by the 7th respondent.

Ex.P15 The copy of paper publication effected in one issue of Tamil daily 'Makkal Kural' dated 08.06.2023.

4. Ex.P2 would show that the deceased had maintained a bank account with Canara Bank, West Mambalam Branch, bearing account No.2616101008322. The death certificate of the Vimala has been produced as Ex.P1 and that would show that she died on 15.08.2022. The paper publication effected in one issue of Tamil daily 'Makkal Kural' dated 3/6

08.06.2023 did not attract any objectors.

5. The respondents 1 to 7 have given their consent affidavits in favour of the petitioner to issue the succession certificate and they have been marked as Ex.P8 to P14. Since the said L.Vimala died intestate, the petitioner and the respondents are her only second class legal heirs are entitled to inherit the securities themselves equally. In view of the consent given by the respondents 1 to 7 in favour of the petitioner the prayer of the petitioner for granting of Succession Certificate should be allowed.

6. Hence:

(a) the petition is ordered and (b) The Succession Certificate shall be issued in favour of the petitioner with a power to collect the debts with interest and dividends on and negotiate and transfer the securities (shares) specified in the schedule to the petition on payment of appropriate succession duty, if it not paid already.

25.07.2023 jrs Index :Yes/No 4/6

5/6

R.N.MANJULA, J.

jrs O.P.No.63 of 2023 25.07.2023 6/6