IN THE HIGH COURT OF JUDICATURE AT MADRAS
ABDUL QUDDHOSE, J.
C.S. Chitravalli - Appellant
Versus
Nil - Respondent
OP No. 630 of 2021
Decided On : 04-02-2022
Constitution Of India,1950 - Petition has been filed for succession certificate in respect of securities more fully described in schedule to petition filed in support of O.P.No.630 of 2021 left behind by deceased. died on leaving behind petitioners as his only legal heirs. - First petitioner is his wife and remaining two petitioners are his children - Since State Bank of India has insisted for production of succession certificate petitioners have approached Court - learned Master first petitioner, who is wife of deceased was examined as a witness (P.W.1). In her deposition, she has reiterated contents of petition filed in support of O.P.No.630 of 2021. Through P.W.1 following documents were marked as exhibits – Held, Petition that no application has been made to District Court or delegate or to any High Court for Probate of any Will of deceased or Letters of Administration with or without Will annexed to his properties and credits - No application for Succession Certificate in respect of any debts or security belonging to estate of deceased has been made to any District Court or delegate or to any High Court - After giving due consideration to pleadings and evidence available on record Court is inclined to grant succession certificate as prayed for in favour of first petitioner who is wife of deceased - Original Petition allowed.
JUDGMENT :
1. This petition has been filed for succession certificate in respect of the securities more fully described in the schedule to the petition filed in support of O.P.No.630 of 2021 left behind by the deceased Mr. C.S. Thyagarajan.
2. Mr. C.S. Thyagarajan died on 06.12.2018 leaving behind the petitioners as his only legal heirs. The first petitioner is his wife and the remaining two petitioners are his children. Since State Bank of India has insisted for production of succession certificate, the petitioners have approached this Court.
3. Before the learned Master, the first petitioner, who is the wife of the deceased Mr. C.S. Thyagarajan, was examined as a witness (P.W.1). In her deposition, she has reiterated the contents of the petition filed in support of O.P.No.630 of 2021. Through P.W.1., the following documents were marked as exhibits:-
| Exhibits | Nature of the documents |
| Ex.P1 | Original bank passbook of State Bank of India bearing account No.10476650952 standing in the name of Mr. C.S. Thyagarajan. |
| Ex.P2 | Photocopy of the bank passbook of State Bank of India bearing account No.10476650952 standing in the name of Mr. C.S. Thyagarajan. |
| Ex.P3 | Computer generated death certificate of Mr. C.S. Thyagarajan, who died on 06.12.2018. |
| Ex.P4 | Computer generated Legal Heirship certificate dated 22.02.2019 in respect of C.S. Thyagarajan. |
| Ex.P5 | Computer generated death certificate of C.R. Subramaniam, who died on 15.08.2019. |
| Ex.P6 | Photocopy of the death certificate of C.S. Bhuvanaeswari, who died on 01.11.2000. |
| Ex.P7 | Original Indemnity Bond dated 24.10.2019. |
| Ex.P8 | The consent affidavit given by the second petitioner. |
| Ex.P9 | The consent affidavit given by the third petitioner. |
| Ex.P10 | Copy of paper publication effected in one issue of Tamil daily “Makkal Kural” dated 30.11.2021. |
4. The second and third petitioners, who are the children of the deceased Mr. C.S. Thyagarajan, have also given their consent affidavits, which have been marked as Exs. P8 and P9 respectively, stating that they have no objection for grant of succession certificate in favour of the first petitioner, who is their mother.
5. As seen from the evidence available on record, it is clear that the deceased Mr. C.S. Thyagarajan died on 06.12.2018, as seen from his death certificate, which has been marked as Ex.P3, leaving behind the petitioners as his only legal heirs, as seen from his Legal Heirship certificate dated 22.02.2019, which has been marked as Ex.P4. The details of the securities mentioned in the schedule to the petition filed in support of O.P.630 of 2021, for which the succession certificate is sought for, is also confirmed through Exs.P1 and P2. The parents of the deceased Mr. C.S. Thyagarajan viz., Mr. C.R. Subramaniam and Mrs. C.S. Bhuvaneswari also predeceased him as seen from their respective death certificates, which have been marked as Ex.P5 and P6 respectively. An indemnity Bond has also been executed dated 24.10.2019, which has been marked as Ex.P7. Paper publication has also been effected in one issue of Tamil daily “Makkal Kural” dated 30.11.2021 with regard to O.P.No.630 of 2021 and objections were also not received.
6. An averment has also been made in the petition that no application has been made to the District Court or delegate or to any High Court for Probate of any Will of the deceased or Letters of Administration with or without the Will annexed to his properties and credits. No application for Succession Certificate in respect of any debts or security belonging to the estate of the deceased has been made to any District Court or delegate or to any High Court.
7. After giving due consideration to the pleadings and evidence available on record, this Court is inclined to grant succession certificate as prayed for in favour of the first petitioner, wh
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