B.Suryanarayana And Another v. No Respondent
O.P.No.241 of 2024 RMT.TEEKAA RAMAN, J.
This original petition has been filed taking advantage of Section 372 of the Indian Succession Act, 1925 r/w Order XXV Rule 6 of O.S.Rules, seeking Succession Certificate with respect to the debts in the name of Mrs.Mahalakshmi, who died on 13.12.2020. The 1st petitioner is the husband and the 2nd petitioner is the son of the deceased. They filed an application for succession certificate. The details of the securities had been given in the schedule to the petition. Paper Publication has been effected. 2.The petitioners submits that the deceased Mrs.Mahalakshmi has invested in Nippon India Mutual Fund which is illustrated in the schedule hereunder:
Sl.No.
Date of Purchase Account/Folio No.with scheme details Total investment 06.06.2017 405173747136 Rs.3,61,056.80/- Nippon India Small Cap Fund - Growth Plant Growth Option (SCGPG) Total value of Nippon India Mutual Fund at the time of filing Rs.3,61,056.80/-
3. At the time of her death, her ordinary residence was at D-62, Syndicate Residency, No.36, Dr.Thomas Road, 1st Street, Thiyagaraya Nagar, Chennai - 600 017, and left the Nippon India Mutual Fund
Investments specified in the schedule herein. The said investment were subscribed with Nippon India Mutual Fund, T-Nagar Branch, addressed at No.52/A, North Boag Road, Lakshmi Colony, T.Nagar, Chennai - 600 017, within the jurisdiction of this Court.
4. At the time of investment Mrs.Mahalakshmi has not nominated anyone else and died intestate on 13.12.2020.
5. The deceased Mrs.Mahalakshmi, wife of Mr.B.Suryanarayana, at the time of her death left the following surviving legal heirs. Sl.
Name with age Relationship with the deceased Status No.
B.Suryanarayana, 58 years Husband Married 2.
B.Rohan Thrilok, 10 years Son Unmarried
6. The 1st petitioner Mr.B.Suryanarayana, was called as Batchu Suryanarayana in the vicinity, hence 1st petitioner was named as Mr.Batchu Suryanarayana in his Aadhaar Card. Whereas his name was referred as B.Suryanarayana in all the other documents viz., Pan Card, Death Certificate and referred as Suryanarayana. B in Legal Heir Certificate. Further the petitioners submits that Batchu Suryanarayana and B.Suryanarayana and Suryanarayana. B are one and same and refer to the 1st petitioner herein.
7. After following due procedure, the petitioners were invited to tender evidence. Accordingly, the 1st petitioner was examined as PW-1 and Exs.P1
to P8 had been marked.
8. The list of documents filed by the petitioners are given below: Sl.
Documents Exhibits No.
E-mail received by the 1st petitioner from Nippon India Mutual Fund dated 01.12.2023 showing the statement of mutual funds held by Mrs.Mahalakshmi in Account No.405173747136 P1 2.
Death certificate of Mrs.B.Mahalakshmi P2 3.
Legal Heirship Certificate of Mrs.B.Mahalakshmi P3 4.
PAN card of the 1st petitioner P4 5.
AADHAR card of the 1st petitioner P5 6.
AADHAR card of the 2nd petitioner P6 7.
Certificate filed under 65-B of Indian Evidence Act P7 8.
Paper publication effected in one issue of Tamil Daily "Makkal Kural" dated 21.06.2024.
P8
9. The learned Master has not received any objection for grant of Succession Certificate as could be seen from endorsement in the Registry.
10. In view of both the oral and documentary evidences adduced before this Court, I find no impediment for grant of succession certificate.
11. Accordingly, this Original Petition is allowed. The Succession Certificate may be issued in favour of the first petitioner in accordance with the rules.
02.09.2024
nvi RMT.TEEKAA RAMAN,J., nvi O.P.No.241 of 2024
02.09.2024