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2021 DIGILAW 1960 (MAD)

Usha Venkatesan v. V. Vishaal

2021-08-02

V.PARTHIBAN

body2021
JUDGMENT : (Prayer: Original Petition (O.P) filed under Section 372 of the Indian Succession Act, read with Order XXV Rule 6 of the Original Side Rules of this Court, praying that Succession Certificate may be granted to the petitioner with power to collect the debts and to receive interest, as per the schedule hereunder mentioned.) Schedule Debts Sl. No. Name of debtor Amount of debt, including interest, on date of application for certificate Description and date of instrument, if any, by which the debt is secured 1. State Bank of India Mookandapalli Branch 310, SIPCOT Staff Housing Colony, Hosur, Tamil Nadu Pincode-635 126. Rs.7,93,448.06 Pubic Provident Fund Account No.11090906630 1. This Original Petition is filed to grant Succession Certificate in favour of the petitioner, with power to collect the debts and to receive interest, as per the schedule to the petition. 2. It is the case of the petitioner that the deceased S. Venkatesan had been, during his life-time till his death, was permanently residing and living at the premises at No.G-1, Pankajam Flats, No.9, 18th Street, Thillai Ganga Nagar, Nanganallur, Chennai-600 061, within the jurisdiction of this Court. He was by nationality and faith, a Hindu citizen of India ruled by Dayabhaga/Tami School of Hindu Law, and he expired intestate on 06.10.2018 at the said address. The deceased Venkatesan, at the time of his expiry, left only his widow, the petitioner and his only son Mr. V. Vishaal (respondent) as his successor as per the Hindu Succession Act. The respondent is also entitled for one equal share along with the petitioner as per the Hindu Succession Act. No father or any grand-son or grand-daughter by any pre-deceased son or daughter or any great-grand-son or any great-grand-daughter by any pre-deceased grand-son and grand-daughter or any widow of any pre-deceased son or pre-deceased grand-son or great-grand-son or any other relation of any Class I and Class II of the Schedule as per Section 8 of the Hindu Succession Act, are forming part of the said deceased S.Venkatesan. The deceased, left at the time of death, inter-alia the assets on which the Succession Certificate is being prayed for, which is a Public Provident Fund bearing Account No.11090906630 lying in the State Bank of India, Mookandapalli Branch, No.310, SIPCOT Staff Housing Colony, Hosur, Tamil Nadu - 635 126 and the amount is Rs.7,93,448.06 as on 31.03.2019 and its appreciation with the subsequent accruing interest as on date of the petition or as on the date of issuance of the Succession Certificate by this Court. 3. The Succession Certificate applied for is for the purpose of getting the Provident Fund amount stated above, lying in the said Bank. The industrious and close searches were undertaken by the petitioner to find out if the deceased left any Will or disposed otherwise relating to estates, credits and assets, but no such Will has been found up till now. The petitioner therefore believes and bears reasons to believe that the deceased S.Venkatesan expired intestate. No Probate/Letters of Administration had been issued relating to property of the deceased mentioned in the schedule to the petition. 4. No application has been made to any District Court or delegate or to any High Court for Succession Certificate for the debts or security of the deceased mentioned in the schedule to the petitioner, or is pending or waiting decision in this Court or in any other Court. It is stated by the petitioner that the petitioner being same and alike person stated as the sole widow of the deceased S.Venkatesan and she being interested in getting the property of the deceased, is not intended to serve notice of the petition on any person or notice of the petition may be served on the respondent and notice to other persons may be dispensed with. 5. There is no obstruction or any impediment under Section 370 of the Indian Succession Act, or under any other provisions of the said Act or any other enactment, for grant of Succession Certificate to the petitioner or to the validity/legality thereof, and that the respondent has given No Objection for granting Succession Certificate to the petitioner herein. 6. 5. There is no obstruction or any impediment under Section 370 of the Indian Succession Act, or under any other provisions of the said Act or any other enactment, for grant of Succession Certificate to the petitioner or to the validity/legality thereof, and that the respondent has given No Objection for granting Succession Certificate to the petitioner herein. 6. The petitioner alone bears right to the grant of Succession Certificate relating to the assets payable to the debts and security of the deceased, mentioned in the schedule to the petition, as the sole respondent has given his consent affidavit to give his share in favour of the petitioner. 7. Hence, by stating the above facts, the petitioner has filed the present O.P. for the relief stated supra. 8. The petitioner examined herself as P.W.1 and marked Exs.P-1 to P-5 viz., Ex.P-1 series are the photo-copies of the Bank Passbooks pertaining to Account No.11090906630 maintained by S.Venkatesan with State Bank of India, Hosur Branch. Ex.P-2 is the computer generated Death Certificate of S.Venkatesan, who died on 06.10.2018. Ex.P-3 is the computer generated Legal Heirship Certificate, dated 12.11.2018 in respect of the deceased S.Venkatesan. Ex.P-4 is the photo-copy of the Aadhar Card of the petitioner bearing No.3484 7522 3197. Ex.P-5 is the copy of paper publication effected in one issue of Tamil daily “Makkal Kural”, dated 15.04.2021. 9. The respondent herein was examined as P.W.2 and he has stated that he has no objection for grant of Succession Certificate in respect of the securities of his deceased father S.Venkatesan in favour of the petitioner herein, who is his mother. Ex.P-6 is the consent affidavit filed by the respondent. Ex.P-7 is the photo-copy of the Aadhar Card of the respondent bearing No.3454 4897 7475. 10. Considering the averments made in the petition and the documents filed by the petitioner, this Court is satisfied that the petitioner has succeeded the Estate of the deceased S.Venkatesan. Therefore, the petition is ordered as prayed for and a direction for grant of Succession Certificate to the petitioner with power to collect the debts and to receive the interest specified in the schedule, is issued. The petitioner is directed to render accounts once a year.