debts of Mr.S.Ramachandran Vs

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O.P.No.874 of 2016

K.KALYANASUNDARAM, J.,

This Petition has been filed under Section 372 of the Indian Succession Act, 1925 read with Order XXV Rule 6 of the Madras High Court Original Side Rules, to grant succession certificate in favour of the petitioners.

1. It is the case of the petitioners that the deceased S.Ramachandran was the Petitioners' father, who died on 22.11.2014 at his residence Old No.7/17, New No.18/17, Bhargavi Apartment, 6th Avenue, Ashok Nagar, Chennai-83 and the wife of the deceased/Petitioners' mother Mrs.Sharadha died on 20.11.1996. The Petitioners are the brothers and they are the only legal heirs of the deceased S.Ramachandran. The Petitioners enclosed herewith the Legal Heirship Certificate of deceased S.Ramachandran, which is issued in their favour. The parents of deceased S.Ramachandran pre-deceased him. The deceased died intestate on 22.11.2014 and that due and diligent search has been made for a Will but none has been found. The petitioners are the sole surviving Class-I legal heirs of the deceased S.Ramachandran and the Petitioners are entitled to the share of the debts of the deceased S.Ramachandran.

3.The debt of Rs.3,46,080/- as on 31.03.2016 is presently in the

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savings Account No.4522534 with the Post Office working at ASPM, HSG, 11, Ashok Nagar, Chennai-600 083. After death of the deceased, the first petitioner approached the said Post office for the claim of his deceased father late S.Ramachandran's deposit in the savings account with interest vide claim application dated 08.03.2016. However, the post office directed the first petitioner to obtain a Succession Certificate from the competent Court of law to sustain for the claim of said amount. The petitioners being the only surviving legal heirs entitled to the amount of the deceased according to the Indian Succession Act. The Petitioners praying for the succession certificate only in favour of the first petitioner and the Petitioners 2 and 3 have no objection for issuing the Succession Certificate in favour of the first petitioner for receiving the entire amount of Rs.3,46,080/- (Rupees Three Lakhs Forty Six Thousand and Eighty Only) deposited in the post office.