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2026 Supreme(Online)(Mad) 94199

IN THE HIGH COURT OF JUDICATURE AT MADRAS
A.D. Maria Clete, J
N. Vasudevan – Appellant
Versus
No Respondent – Respondent
Original Petition | CNR:{HCMA010397052026}



Advocates:
For the Appellants/Petitioners: V. Rajesh Babu
For the Respondents:

A succession certificate is granted to the sole surviving legal heir of a person who died intestate to enable the collection of debts and securities.

Headnote:(A) Succession Certificate - Grant of Certificate - Where the petitioner establishes that the deceased died intestate and that he is the sole surviving legal heir, the court shall grant a succession certificate for the collection of debts and securities. (Para 6, 7)

Issues: Whether the petitioner is entitled to a Succession Certificate in respect of the debts of the deceased.

Legal Category Hierarchy

  • succession and inheritance
    • intestate succession (Para 2)
    • succession certificate (Para 1, 7)
  • practice and procedure
    • petition (Para 1)
    • evidence (Para 5)

Table of Contents

1. Petition for succession certificate under Section 372, Indian Succession Act, 1925, for debt of deceased intestate. (Para 1 , 2 , 3 )

2. Court satisfied, based on evidence, that no impediment exists to grant succession certificate. (Para 5 , 6 )

3. Succession certificate under Section 372 may be granted to sole surviving legal heir of intestate deceased for debts when no impediment exists. (Para 6 , 7 )

4. Original Petition allowed; succession certificate issued to petitioner for the debt. (Para 7 )

5. What is required for grant of succession certificate under Section 372 of the Indian Succession Act?

Petitioner must prove death, intestacy, legal heirship, and absence of impediment; court grants certificate upon satisfaction. (Para 2 , 5 , 6 , 7 )

PRAYER – Original Petition filed under Section 372 of the Indian Succession Act, 1925 (Act XXXIX of 1925) read with Order XXV Rule 6 of O.S. Rules , that a Succession Certificate may be granted to this petitioner with power to collect the debts and to receive the interest and dividends on and negotiate and transfer the debt specified in the Schedule hereunder. net amount of Rs.11,31,320/- Suc duty of Rs.25,000/- paid on 06.04.2026

O R D E R

This Original Petition has been filed under Section 372 of the Indian Succession Act, 1925, seeking grant of a Succession Certificate in favour of the petitioner in respect of the debt specified in the Schedule to the petition.

2. The petitioner, N. Vasudevan, is the younger brother of the deceased N.Parthasarathy, who died intestate on 16.05.2025 at Chennai. The deceased was ordinarily residing at Gandhi Nagar, Adyar, Chennai. His wife, Chandra Parthasarathy, had predeceased him on 25.07.2024. The deceased and his wife had no children and his parents, Narayanswami and Sivagamu, had also predeceased him. It is specifically stated that the deceased did not execute any Will and that, despite diligent search, no Will was found.

3. The deceased had a National Savings Scheme Account bearing No.0830037830 with the Indian Postal Department, in which a sum of Rs.11,31,320/- is stated to be due. The Succession Certificate is sought for collection of the said amount. The requisite succession duty of Rs.25,000/- has also been paid.

4. There is no respondent in the Original Petition. General paper publication was effected in the Tamil daily “Makkal Kural” dated 26.06.2026. Thereafter, by order dated 10.08.2026, the records were transmitted to the learned Master for recording evidence.

5. The petitioner was examined as P.W.1. Ex.P1 is his Aadhaar Card; Ex.P2 is the death certificate of Chandra Parthasarathy; Ex.P4 is the death certificate of N. Parthasarathy; Ex.P5 is the Legal Heirship Certificate of the deceased which records the petitioner, N. Vasudevan, as his surviving brother and also records the other members of the family as predeceased. The petitioner therefore claims to be the only surviving legal heir of the deceased. Ex.P6 is the passbook relating to National Savings Scheme Account No.0830037830.

6. On consideration of the pleadings and the oral and documentary evidence, this Court is satisfied that there is no impediment to the grant of a Succession Certificate in favour of petitioner.

7. Accordingly, this Original Petition is allowed. A Succession Certificate shall issue in favour of the petitioner, N. Vasudevan, in respect of the debt specified in the Schedule to the petition, namely the amount of Rs.11,31,320/- lying in National Savings Scheme Account No.0830037830 with the Indian Postal Department, together with accrued interest, if any, subject to compliance with the usual formalities. No costs.

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