O.P.No.190 of 2023

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 03.08.2023

CORAM

THE HONOURABLE MS.JUSTICE R.N.MANJULA

O.P.No.190 of 2023

1. V.Sasikala

2. V.Sakthi

3. Master V.Sai Vignesh

Represented by his mother and natural guardian

V.Sasikala

…

Petitioners

Original Petition is filed under Section 372 of Indian Succession Act,

1925 r/w. Order XXV Rule 6 of the Madras High Court Original Side Rules,

to grant succession certificate to the petitioners with the power to collect the

debts and to receive the interest specified in the schedule hereto.

For Petitioners : Mr.G.Sathishkumar

for M/s.GSK Law Firm

ORDER

The petition filed under section 372 of the Indian Succession Act,

1925 r/w. Order XXV Rule 6 of the Madras High Court Original Side Rules,

seeking issuance of Succession Certificate to the petitioners with power to

collect the debts and to receive the interest specified in the schedule hereto.

2.The averments in the petition are as follows:-

1/5

https://www.mhc.tn.gov.in/judis

O.P.No.190 of 2023

The assets set out in the schedule of the petition belongs to one

P.Venkitesan. The said P.Venkitesan died intestate on 15.08.2018 leaving

behind his wife and children as his legal heirs. The 1^st petitioner is the wife

and the second and third petitioners are children of the deceased

P.Venkitesan. The mother of the deceased by name Pachiammal died on

25.06.2021. Since P.Venkitesan died intestate, the petitioners have filed this

petition to get the Succession Certificate in respect of the assets mentioned

in the petition.

3. News paper publication effected in Tamil Daily “Makkal Kural”

dated 08.07.2023 attracted no objectors.

4. The first petitioner examined herself as P.W.1 and Exs.P1 to P13

were marked through her and the second petitioner examined himself as

P.W.2. and no exhibits were marked on her behalf.

5. Ex.P1 is the death certificate of Venkitesan.P who died on

15.08.2018. Ex.P3 is the death certificate of Pachiammal. The legal heirship

certificate of the deceased P.Venkitesan which is marked as Ex.P2 would

show that the petitioners alone are the legal heirs of the deceased. Exs.P9 is

2/5

https://www.mhc.tn.gov.in/judis

O.P.No.190 of 2023

the statement of accounts of bank account of P.Venkitesan.

6. Since the deceased died intestate, the petitioners who are the legal

heirs have got the right to inherit the assets mentioned in the schedule

equally among themselves. The above documentary evidence produced by

petitioners would prove their entitlement for the grant of Succession

Certificate as prayed.

7. Hence:

(a) The petition is ordered and

(b) The Succession Certificate shall be issued in favour of the

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

specified in the schedule in equal proportion on payment of appropriate

succession duty, if it not paid already.

03.07.2023

bkn

Index :Yes/No

3/5

https://www.mhc.tn.gov.in/judis

O.P.No.190 of 2023

Witnesses examined:

P.W.1 – Mrs.V.Sasikala

P.W.2 – Ms.V.Sakthi

Documents marked :

Exhibits

Documents

Ex.P1

Computer generated death certificate of Venkitesan.P

Ex.P2

Computer generated legal heir certificate of Venkitesan.P

Ex.P3

Computer generated death certificate of Pachaiyammal

Ex.P4

Photocopy of the Aadhaar Card of Venkitesan.P (Compared

with the original)

Ex.P5

Photocopy of the PAN Card of Venkitesan.P (Compared with

the original)

Ex.P6

Photocopy of P.W.1's Aadhaar Card (compared with original)

Ex.P7

Photocopy of P.W.1's PAN Card (compared with original)

Ex.P8

Original letter dated 01.07.2022 sent by the authorized signatory

of HDFC Bank Limited to M/s. Sakthi Engineers, the proprietor

concern of Venkitesan.P

Ex.P9

Downloaded statement of accounts of M/s.Sakthi Engineers with

Vadapalani Branh, HDFC Bank Limited

Ex.P10

Downloaded copy of Portal of GST to show that deceased

Venkitesan. P is the proprietor of Sakthi Engineers.

Ex.P11

Dow