C.Durai v. Mrs.R.Chandra
IN THE HIGH COURT OF JUDICATURE AT MADRAS
(TESTAMENTARY AND INTESTATE JURISDICTION) WEDNESDAY, THE 12th DAY OF JUNE 2019 THE HON'BLE MR. JUSTICE R.SUBRAMANIAN O.P. No.964 of 2018 In the matter of Indian Succession Act 1925(Part XXXIX of) and In the matter of certain Debts of the Mrs.Dhanammal-Deceased intestate 1.C.Durai, Son of Late Chinnappan, No.178, Ayanavaram Road, Pudhu Nagar, Ayanavaram, Chennai 600 023 2.Mrs.M.Parvathy, Wife of Murugan, Old No.175, New No.5 Ayanavaram Road, Pudhu Nagar, Ayanavaram, Chennai 600 023
...Petitioners
-vsMrs.R.Chandra, W/o.Late Ranganathan, Old NO.117, New No.19, Ayanavaram Road, Pudhu Nagar, Ayanavaram, Chennai 600 023 ..Respondent Original Petition praying that this Honble Court be pleased that in succession certificate may be granted to the petitioners with power to collect the Debts and to receive interest specified in the Schedule hereto
Schedule S.No Name of debtor Amount of debts, including interest, on date of application for certificate Description and date of instrument, if any, by which the debt is secured.
2/3rd share in total value of Rs.4,64,155/- =Rs.3,09,437/- Indian Bank, Ayanavaram, Branch, No.18, K.V.Koil Street, Ayanavaram, Chennai 600 023 Amounting lying with the Indian Bank Saving Bank Account of the deceased bearing No.472749519 This Original Petition coming on this day before this Court for hearing the court made the following oder: The petitioners seek issuance of Succession Certificate in respect of 2/3rd share amount of the fixed deposit shown in the schedule to the petition lying with the Indian Bank, Ayanavaram Branch, Saving Account No. 472749519 by Tmt.C.Dhanammal, who died intestate on 03.01.2015. The petitioners are the sons of the deceased C.Dhanammal.
2. The respondent is also one of the daughter of the deceased C.Dhanammal. The respondent was served through Court, despite such service, she has not chosen to appear.
3. The first petitioner has been examined as P.W.1. He has produced the death certificate of the deceased C.Dhanammal, as Ex.P1. The legal heirship certificate of the deceased C.Dhanammal, as Ex.P2. A perusal of Ex.P2
shows that the petitioners and the respondent are the only legal heirs of the deceased C.Dhanammal. A paper publication has been made and no objections have been received.
4. In view of the above evidence, the Original Petition is allowed granting Succession Certificate in favour of the petitioners in respect of 2/3rd share amount of the fixed deposit mentioned in the schedule to the petition.
sd/-R.S.M.J 12.06.2019 //Certified to be a true copy// Dated this the day of 2019.
R.s/17.06.2019 COURT OFFICER From 25.09.2008 the Registry is issuing certified copies of the Order/Judgment Decree in this format.