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IN THE HIGH COURT OF JUDICATURE AT MADRAS

(TESTAMENTARY AND INTESTATE JURISDICTION)

WEDNESDAY, THE 29TH DAY OF JUNE 2022

THE HON'BLE MR. JUSTICE KRISHNAN RAMASAMY

O.P.No.719 of 2019

In the matter of the Indian Succession

Act, XXXIX of 1925

and

In the matter of securities of

Mangalam (Deceased) Intestate

Chithra Ravi,

W/o.Ravi,

2/17, AVM Avenue,

2^nd Main Road,

Virugambakkam,

Chennai-600 092

..Petitioner

This original petition praying that this Hon'ble court be pleased to

grant a succession certificate in favour of the petitioner with power to

collect the debts and to receive interest and to permit the petitioner to

operate bank locker (as mentioned in the schedule) specified in the schedule

in the petition.

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This original petition coming on this day before this court for hearing

the court made the following order:

This Petition has been filed under Section 372 of the Indian

Succession Act read with Order XXV Rule 6 of the Madras High Court

Original Side Rules, to grant succession certificate in favour of the

petitioner.

2. It is the case of the petitioner that the deceased Mangalam is the

petitioner's mother's sister, who died on 14.07.2017 as spinster. The mother

of the petitioner was predeceased to deceased Mangalam. The father and

mother of the deceased Mangalam were predeceased to her. The deceased

Mangalam is the only sister of the petitioner's mother namely Visalakshi,

who died on 06.12.1993. Further, the petitioner submitted that the said

deceased Mangalam adopted the petitioner herein orally. However, for the

purpose of adoption, there was no registered Deed of Adoption filed before

this Court. The learned counsel for the petitioner referred to Section

15(1)(e) for the purpose of adoption of legal heirs. Section 15(1)(e) states as

follows:

“15. General rules of succession in the case of female Hindus.

(1) The property of a female Hindu dying intestate shall

devolve according to the rules set out in section 16,—

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(a) firstly, upon the sons and daughters (including the

children of any pre-deceased son or daughter) and

the

husband;

(b)

secondly, upon the heirs of the husband;

(c)

thirdly, upon the mother and father;

(d)

fourthly, upon the heirs of the father; and

(e)

lastly, upon the heirs of the mother.

3.Since the petitioner will not come under Section 15(1)(a) to (d), the

learned counsel referred to 15(1)(e) stating that the deceased Mangalam and

the petitioner's mother are the only legal heirs of petitioner's maternal

grandfather. Therefore, the petitioner contended that she is the Class II

legal heir of the deceased Mangalam. The petitioner is filing this petition

for grant of Succession Certificate in favour of her. The total value of the

assets will be for a sum of Rs.5,55,938/-/-.

3. It is further stated that other than the petitioner, there are no other

relatives to succeed the estate as legal heirs. Therefore, the petitioner is

entitled to succeed the estate of the said deceased Mangalam.

.

4. No application for a succession certificate in respect of any debt or

security belonging to the estate of the said deceased has been made to any

District Court or delegate or to any High Court. Hence, the petitioner has

approached this Court for grant of succession certificate in favour of her

with power to collect securities and to receive interest, dividends thereon

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and negotiate and transfer the securities specified in the petition schedule.

5. In order to prove her case, Mrs.Chithra Ravi, the petitioner herein,

is examined as PW.1 and marked Exs.P1 to P5. Ex.P1 is the computer

generated death certificate of T.Mangalam. Ex.P2 is the photocopy of the

savings account bank pass book of State Bank of India bearing account

no.10408503305, standing in the name of T.Mangalam. Ex.P3 is the

photocopy of the bank pass book of the Tamilnadu State Apex Co-operative

Bank Limited bearing account