Advocates:
['M/s B Thilak Narayanan', '', 'AOS FILED', 'DT', 'K Sivasubramanian']

O.P.No.420 of 2022

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 09.12.2022

CORAM

THE HONOURABLE MR.JUSTICE SENTHILKUMAR RAMAMOORTHY

O.P.No.420 of 2022

1.R.Ravichandran

2.R.Ramamurthy

...

Petitioners

PRAYER: Original Petition filed under Section 372 of the Indian

Succession Act, 1925 Read With Order XXV Rule 5 of the High Court

Original Side Rules, prays that succession certificate be granted to the first

petitioner, with power to collect the debts and to receive the interest

specified in the schedule hereunder.

For Petitioner

: Mr.B.Thilak Narayanan

**********

ORDER

The petitioners seek the issuance of a succession certificate to the first

petitioner in respect of the jewellery described in the schedule to the petition.

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O.P.No.420 of 2022

2. The petitioners state that their father, Mr.K.Raghunathan, died

intestate on 27.02.2019. Earlier, the petitioner's mother, R.Gowri, died

intestate on 16.03.2018. The petitioners asserts that their late parents had

two safe deposit lockers at the State Bank of India, West Mambalam

Branch. It is also asserted that the permanent address of the petitioner's

parents was at No.40, Umapathi Street, West Mambalam, Chennai - 43,

which is within the jurisdiction of this Court.

3. In support of this petition, the petitioners adduced evidence by

examining the first petitioner as P.W.1. In course of the examination in

chief of P.W.1, the 9 documents listed at the foot of this order, were

exhibited as Exs.P1 to P9. The death certificate of the petitioner's mother

disclosed that she died on 16.03.2018 and that her permanent address was

within the jurisdiction of this Court. Likewise, the death certificate of the

petitioner's father discloses that he died on 27.02.2019 and that his

permanent address was within the jurisdiction of this Court. The legal

heirship certificate of the petitioner's father (Ex.P4) shows that the

petitioners are his class one legal heirs. The inventory of items, appraiser

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O.P.No.420 of 2022

certificate and communication from the State Bank of India are placed on

record as Exs.P5 to P7. The consent affidavit of the second petitioner is

Ex.P8 and the paper publication is Ex.P9.

4. Based on the assertions in the petition and the evidence adduced to

establish the same, the petitioners are entitled to succeed.

5. Accordingly, O.P.No.420 of 2022 is allowed by granting the

succession certificate to the first petitioner in respect of the assets described

in the schedule to the petition. Consequently, the first petitioner shall be

entitled to collect the assets and negotiate and transfer the same.

09.12.2022

rna

Index : Yes / No

Internet : Yes / No

Petitioner's witness:

P.W.1 - Mr.R.Ravichandran

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O.P.No.420 of 2022

Documents exhibited by the petitioners:

Exhibits

Documents

Ex.P1

Computer generated death certificate of Mrs.R.Gowri.

Ex.P2

Computer generated death certificate of Mr.K.Raghunathan.

Ex.P3

Computer generated Legal Heirship certificate of Mrs.Gowri.

Ex.P4

Computer generated Legal heirship certificate of Raghunathan.

Ex.P5

Photocopy of the form of inventories regarding the articles in

the locker which was taken by the Bank in my presence and in

the presence of Notary Public. (Witness submits that the Bank

has issued only the photocopy of the same. This document is

marked subject to its admissibility, proof and relevancy)

Ex.P6

Photocopy of the Appraiser certificate issued by the Branch

Manager, State Bank of India. (Witness submits that the Bank

has issued only the photocopy of the same. This document is

marked subject to its admissibility, proof and relevancy)

Ex.P7

Photocopy of the letter dated 01.06.2022 issued by the Chief

Manager, SBI Bank, regarding delivery of locker contents held

in safe deposit locker of the deceased M