IN THE HIGH COURT OF JUDICATURE AT MADRAS
MR.JUSTICE RMT.TEEKAA RAMAN, J
Sandya Mohanan – Appellant
Versus
Bavani – Respondent
ORDER :
Rmt.Teekaa Raman, J.
This petition has been filed under Section 372 of the Indian Succession Act, 1925 read with Order XXV Rule 6 of the Madras High Court Original Side Rules in the matter of the certain debts in respect of late Vishwanathan Nair.
2. The petitioner herein Sandya Mohan who has filed this petition is a resident of Chennai. The respondent Bavani, who is the wife of Late Vishwanathan Nair showing the address at Malapuram, Kerala.
3.According to the petitioner, the petitioner is the wife of the brother-in-law of the deceased while the respondent is the wife of the deceased. The petition proceeds on the basis that since the owner of the various deposits mentioned in the schedule is died as no issues and she is the only survivor of the Late Vishwanathan Nair and hence she is entitled to all bank deposit to the Late Vishwanathan Nair. She has annexed the entire property Fixed Deposit amount to the tune of Rs.21,00,000/-. She enters in the witness box and examined herself as PW1 and marked Ex.P1 to Ex.P29. Death certificate of Viswanathan Nair is Ex.P1 and Aadhar Card is Ex.P2. Death certificate and legal heir certificate of Leelavathy Amma is marked as Ex.P4 and Ex.P5
A succession certificate cannot be granted to a petitioner when a legal heir, such as the deceased's wife, is alive, as per Hindu Law.
The court affirms the right to obtain a Succession Certificate as the sole legal heir when duly substantiated by evidence.
Wife's estate devolves to surviving husband under HSA s.15(1)(a); then to his Class II heirs upon intestacy, clarified by evidence of death order.
The court granted a Succession Certificate to the first class heirs of the deceased, confirming their entitlement based on established legal heirship and absence of objections.
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