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.

ORDER :

A.D. Maria Clete, J.

Heard.

2. This Original Petition has been filed under Section 372 of the Indian Succession Act, 1925, read with Order XXV Rule 6 of the Original Side Rules, for grant of succession certificate in favour of the petitioners in respect of the debts and deposits standing in the names of late Mr.Radhakrishnan and late Mrs.Leelavathy.

3. The petitioners are the brothers and sisters of late Mr.Radhakrishnan. The case of the petitioners is that Mr.Radhakrishnan and his wife Mrs.Leelavathy died intestate on 16.05.2021 and without leaving any issue. The petitioners seek succession certificate for collecting the amounts lying in the bank and post office accounts mentioned in the schedule to the petition.

4. By order dated 06.04.2026, this Court noticed that both Mr.Radhakrishnan and Mrs.Leelavathy were stated to have died on 16.05.2021 and that there was no clear pleading as to who died first. This Court also directed the petitioners to file an additional affidavit clarifying the said aspect, having regard to Section 21 of the Hindu Succession Act, 1956.

5. Pursuant to the said order, the first petitioner has filed an additional affidavit. In the said affidavit, it is stated that on 16.05.2021, on receipt of information that foul smell was emanating from the residence of the deceased, the relatives went to the house; that the body of Mrs.Leelavathy was found in a decomposed condition; that Mr.Radhakrishnan was then alive, but in a weak condition; that he was taken to Rajiv Gandhi Government General Hospital by ambulance; and that he died later in the evening on the same day. FIRs and post-mortem reports have also been filed along with the additional affidavit.

6. The brother and mother of late Mrs.Leelavathy have also filed affidavits. They have stated that Mrs.Leelavathy was found dead in the house and that Mr.Radhakrishnan was alive at that time and was taken to hospital, where he died later. They have also stated that they have no objection for grant of succession certificate in favour of the petitioners.

7. On the above materials, the doubt earlier raised by this Court stands clarified. This is not a case where it is impossible to ascertain the order of deaths so as to apply the presumption under Section 21 of the Hindu Succession Act. The material now placed before this Court shows that Mrs.Leelavathy died earlier and that her husband Mr.Radhakrishnan survived her, though only for a short time.

8. Therefore, in respect of the estate of Mrs.Leelavathy, the succession would first open in favour of her husband Mr.Radhakrishnan under Section 15(1)(a) read with Section 16 of the Hindu Succession Act, 1956, she having died without leaving any son or daughter. Thereafter, on the death of Mr.Radhakrishnan, who also died intestate and without issue, the estate devolves on his Class II heirs. The petitioners, being the brothers and sisters of Mr.Radhakrishnan, are entitled to seek succession certificate.

9. The first petitioner was examined as P.W.1 before the learned Master. Exs.P1 to P27 have been marked. Exs.P1 and P2 are the death certificates of Mr.Radhakrishnan and Mrs.Leelavathy. Exs.P3 and P4 are the legal heirship certificates. Exs.P5 to P26 are the bank and post office records relating to the debts and deposits. Ex.P27 is the paper publication effected in one issue of Tamil daily “Makkal Kural” dated 13.01.2026. The learned Master has recorded that general paper publication was effected and that no objection was received. The Registry has also noted that successio