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2023 Supreme(Online)(Mad) 91189
MADRAS HIGH COURT
S.VIDYA AND 2 OTHERS – Appellant
Versus
No Respondent – Respondent
OP 334 2022
Legal heirs of a deceased person who died intestate are entitled to a succession certificate to collect the debts and manage the assets of the deceased.
Headnote:
Fact of the Case:
The petitioners filed a petition under Section 372 of the Indian Succession Act read with Order XXV Rule 6 of the Madras High Court Original Side Rules, to grant a succession certificate in favor of the first petitioner. The deceased, S. Ramkumar, died intestate on 10.06.2021, leaving behind assets worth Rs. 4,81,615.75. The petitioners, being the legal heirs of the deceased, sought a succession certificate to collect the debts and manage the assets.
Finding of the Court:
The court examined the evidence presented by the petitioners and found that the petitioners were the legal heirs of the deceased and were entitled to a succession certificate. The court noted that the deceased died intestate and that no Will was found. The court also noted that the second petitioner had given consent for the issuance of a succession certificate in favor of the first petitioner.
Issues: Whether the petitioners were entitled to a succession certificate.
Ratio Decidendi: The court relied on Section 372 of the Indian Succession Act, which provides for the grant of succession certificates to legal heirs of a deceased person who died intestate. The court also considered Order XXV Rule 6 of the Madras High Court Original Side Rules, which provides for the procedure for obtaining a succession certificate.
Final Decision: The court ordered that a succession certificate be granted in favor of the first petitioner, with the power to collect and receive the deposits specified in the schedule, together with interest. The court also directed that the share of the minor, the third petitioner, be deposited in a fixed deposit in a nationalized bank until the minor attains majority.
O.P.No.334 of 2022
O.P.No.334 of 2022
N.SATHISH KUMAR, J.
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 first
petitioner.
2.Heard the learned counsel for the petitioners.
3. It is the case of the petitioners that the first petitioner is the wife of
the deceased S.Ramkumar, the second petitioner is the mother of the
deceased and third petitioner is the son of the deceased. The said
S.Ramkumar died on 10.06.2021. The petitioners are the legal heirs of the
deceased S.Ramkumar. The deceased S.Ramkumar died intestate and
though due and diligent search has been made for a Will, none has been
found in respect of the debts mentioned in the schedule. The deceased left
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O.P.No.334 of 2022
the amount specified in the Schedule, within the jurisdiction of this Court.
The securities in respect of which succession certificate is required for the
value of Rs.4,81,615.75. The second petitioner has given consent affidavit
for issue of succession certificate in favour of the first petitioner. Hence, the
petitioners have approached this Court for grant of succession certificate in
favour of the first petitioner with power to collect the debts as specified in
the schedule.
4. The first petitioner was examined as P.W.1 and marked Exs.P1 to
Ex.P.5.
5. P.W.1 in her evidence had narrated the averments made in the
petition stating that the petitioners have filed this petition for grant of
Succession Certificate in favour of the first petitioner. Ex.P.3 is the
computer generated death certificate of the deceased of S.Ramkumar.
Ex.P.3 has been filed to show that the deceased S.Ramkumar died on
10.06.2021. Ex.P.4 is the computer generated legal heir certificate of the
deceased S.Ramkumar. Ex.P.4 shows that the petitioners are the legal heirs
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O.P.No.334 of 2022
of the deceased S.Ramkumar. Ex.P.1 series have been filed to prove the
assets of the deceased S.Ramkumar. Ex.P.5 is the Paper publication and
none objected for the same.
6. Considering the averments made in the petition and the documents
filed by the petitioners, I am satisfied that the petitioners have succeeded the
securities of the deceased S.Ramkumar. Therefore, the petition is ordered as
prayed for and a direction for grant of Succession Certificate in favour of the
first petitioner with power to collect and to receive deposit specified in the
schedule together with interest as applicable till the date of withdrawal, is
issued. The share of the minor, the third petitioner herein, shall be deposited
in fixed deposit in any of the nationalized bank till the minor attains
majority.
29.11.2023
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N.SATHISH KUMAR, J.
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