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IN THE HIGH COURT OF JUDICATURE AT MADRAS
Honourable Mr Justice C.V. KARTHIKEYAN
P.Usha Rani and 2 Others – Appellant
Versus
No Respondent – Respondent
IN THE HIGH COURT OF JUDICATURE AT MADRAS DATED: 16.07.2024 CORAM THE HONOURABLE MR.JUSTICE C.V.KARTHIKEYAN O.P.No.145 of 2024
1.P.Usha Rani
2.S.Lakshminarayanan
3.S.Jayashree … Petitioners PRAYER: Original Petition filed under Section 372 of the Indian Succession Act, 1925, read with Order XXV Rule 6 of O.S. Rules to grant Succession Certificate to the third petitioner with power to collect the debts and to receive the interest and dividends on and negotiate and transfer the securities specified in the schedule hereto. For Petitioners : Mr.V.M.Venkatramana
O R D E R
The petition has been filed seeking Succession Certificate relating to the debts of R.Subramanian who died intestate on 03.06.2023.
2. The deceased R.Subramanian was the late husband of the first petitioner and the father of the second and third petitioners. The first and second petitioners have granted consent for grant of succession certificate in favour of the third petitioner. The details of the debts which included the amount maintained with State Bank of India, Vivekananda House Branch, has been mentioned in the schedule of this petition.
3. After following due procedure, the petitioners were directed to tender evidence. Accordingly, the first petitioner examined herself as P.W.1. and she marked the death certificate of Mr.R.Subramanian as Ex.P1. The legal heir certificate of Mr.R.Subramanian as Ex.P2. The details relating to the debts were marked as Exs.P4, P5 and P9.
4. Taking into consideration the nature of the evidence recorded and the documents produced, this Original Petition stands allowed and the Succession Certificate shall be issued in favour of the third petitioner, with power to collect the debts and securities and to receive the interest and dividends thereon and negotiate and transfer the securities specified in the Schedule hereunder on payment of appropriate succession duty, if not paid earlier.
16.07.2024 Index :Yes/No gsk APPENDIX Petitioners' witness:
P.W.1 – Mrs.P.Usha Rani Documents marked:
Exhibits
Documents
P1
the computer generated death certificate of Mr.R.Subramanian.
P2
the computer generated legal heir certificate of Mr.R.Subramanian.
P3
the photocopy of the letter dated 16.11.2023 addressed to the first petitioner by SBI Bank directing the first petitioner to produce succession certificate.
P4
the photocopy of the Form of Inventory of Contents of the safe deposit locker held by Mr.R.Subramanian in State Bank of India, V.House Branch.
P5
the computer generated account statement of SBI Bank, V.House branch from 01.09.2023 to 30.09.2023 bearing A/c.No.30018321035 held by Mr.R.Subramanian.
P6
the photocopy of the first petitioner's Aadhaar Card.
P7
the photocopy of the Aadhaar Card of the second petitioner.
P8
the photocopy of the Aadhaar Card of the third petitioner.
P9
the photocopy of the SBI passbook bearing A/c.No.30018321035 held by Mr.R.Subramanian.
P10
the copy of the paper publication dated 21.05.2024.
P11
the certificate under Section 65B of the Indian Evidence Act, 1872.
gsk 16.07.2024 C.V.KARTHIKEYAN, J.
gsk
16.07.2024
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