O.P.No.773 of 2021

O.P.No.773 of 2021

P.VELMURUGAN, J.

This Original petition has been filed for grant of succession certificate

by the legal heirs of the deceased C.Kothandan who died on 12.09.2017 at

Chennai.

2. The first petitioner is the wife and the petitioners 2 to 4 are the

children of the deceased C.Kothandan. As C.Kothandan died intestate, the

petitioners who are the only legal heirs of the deceased have filed this

petition for grant of Succession Certificate in their favour. The details of the

securities for which the Succession Certificate is sought for, are furnished in

the schedule to the petition and its value is Rs.39,09,380/-, according to the

petitioners.

3. The fourth petitioner who is the one of the sons of the deceased

C.Kothandan has deposed as PW1 and filed his proof affidavit, before the

learned Master in support of this petition for grant of succession certificate.

Before the learned Master, the following documents were marked as

Exhibits.

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O.P.No.773 of 2021

Exhibits

Nature of the documents

P1

Computer generated death certificate of C.Kothandan

P2

Computer generated Legal Heirship certificate of C.Kothandan

P3

Computer generated statement of account and details dated

01.10.2019 issued by City Bank in respect of the savings bank

account bearing account No.5342593447 and also in respect of

demat account bearing account No.10149122 held by

C.Kothandan

P4

Computer generated statement of holding as on 30.05.2016

issued by the Royal Bank of Scotland N.V. in respect of demat

account held by C.Kothandan in client ID No.10084883

P5

Copy of paper publication effected in one issue of Tamil daily

“Makkal Kural” dated 21.02.2022

4. 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.

5. This Court has perused and examined the aforementioned

documents. As seen from the death certificate of C.Kothandan marked as

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O.P.No.773 of 2021

Ex.P1, C.Kothandan died on 12.09.2017 and he was aged 89 years at the

time of his death. As seen from the Legal Heirship certificate, dated

31.05.2019 marked as Ex.P2, the petitioners are the only Legal Heirs for the

deceased C.Kothandan. Ex.P3 is the statement of account and details dated

01.10.2019 issued by Citi Bank in respect of the savings bank account

bearing account No.5342593447 and also in respect of demat account

bearing account No.10149122 held by C.Kothandan and Ex.P4 is the

statement of holding as on 30.05.2016 issued by the Royal Bank of Scotland

N.V. in respect of demat account held by C.Kothandan in client ID

No.10084883. Paper publication has also been effected by the petitioners in

one issue of Tamil daily “Makkal Kural” on 21.02.2022 which has been

marked as Ex.P5.

6. After giving due consideration to the averments contained in the

petition as well as the Exhibits marked on the side of the petitioners, this

Court is of the considered view that the relief of succession certificate

sought for by the petitioners in OP No.773 of 2021 has to be granted in

favour of the petitioners. Accordingly, the Original Petition is allowed. The

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O.P.No.773 of 2021

petitioners are directed to pay the requisite succession duty, if any, before

obtaining the Succession Certificate.

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O.P.No.773 of 2021

P.VELMURUGAN, J

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O.P. No.773 of 2021

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