Allowed

V.Sriram Venkatakrishnan v. v.Saraswathi

Madras HC25 Nov 2019OP/427/2019

Case brief

AI extract

What is this about?

The petitioner sought a Succession Certificate for the estate of his intestate father, Venkatakrishnan, to collect funds from a National Savings Scheme. The court examined the petition and affidavits, noting the respondent's absence, and granted the certificate to the petitioner.

What did the court decide?

Succession Certificate granted to the petitioner with power to collect debts and receive interest specified in the schedule.

V.Sriram Venkatakrishnan Vs v.Saraswathi — Succession and Inheritance | Madras HC (2019)

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O.P.No.427 of 2019

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O.P.No.427 of 2019

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K.KALYANASUNDARAM, J.,

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This petition has been filed under Section 372 of the Indian Succession

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Act read with Order XXV Rule 6 of O.S. Rules for the grant of Succession Certificate.

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In the petition, it is stated that the deceased Venkatakrishnan,

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ordinarily resided at No.30/73, Kamaraj Salai, R.A.Puram, Chennai and died on 05.08.2017. The deceased died intestate and that due and diligent search has

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been made for a Will, but none has been found. The petitioner is the son and the respondent is the wife of the deceased. It is further stated that during his life time, the deceased had deposited money under the National Savings bank Scheme in the Post Office, Raja Annamalaipuram, Chennai-28 bearing A/c.No.1782488178. The petitioner is the legal-heir of Late Venkatakrishnan

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and entitled to the amounts due under the National Savings Scheme specified in the schedule hereto.

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The Succession Certificate is required for the purpose of obtaining

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the amount payable to the credit of Late Venkatakrishnan. The amount due in respect of which the succession certificate is required at present of the value

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http://www.judis.nic.in of Rs.2,25,796/-. No application has been made to the District Court or

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O.P.No.427 of 2019

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delegate or to any High Court for Probate of any Will of the deceased or Letters of Administration with or without the Will annexed to her properties and credits. No application has been filed for succession certificate in respect of any debt or security belonging to the estate of the said deceased to any

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District Court or delegate or to any High Court.

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The petitioner examined himself examined as P.W.1 and filed proof affidavit, reiterating the averments contained in the petition and marked Exs.P1 to P4, viz.,

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Exs Documents Dated

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P1 Photocopy of the Post Office Passbook bearing account - No.1782488178 in the nmae of MR.R.Venkatakrishnan

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P2 Computer generated copy of death certificate of - Mr.Venkatakrishnan, who died on 05.08.2017

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P3 Photocopy of the legal heirship certificate in respect of 30.08.2017 Mr.Venkatakrishnan

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P4 Copy of paper publication effected in one issue of Tamil 28.09.2019 Daily "Makkal Kural"

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Despite the service of notice on the respondent, none appears for

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the respondent.

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Considering the averments made in the petition and the documents

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filed by the petitioner, I am satisfied that the petitioner has succeeded the

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Estate of the deceased. Therefore, the petition is ordered as prayed for and a http://www.judis.nic.in

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O.P.No.427 of 2019

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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.

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25.11.2019

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r n s

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http://www.judis.nic.in

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O.P.No.427 of 2019

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K.KALYANASUNDARAM, J.,

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r n s

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O.P.No.427 of 2019

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http://www.judis.nic.in

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25.11.2019

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V.Sriram Venkatakrishnan v. v.Saraswathi

Case brief

What is this about?

What did the court decide?

V.Sriram Venkatakrishnan v. v.Saraswathi

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Statutes considered

Parties & counsel

Coram

Case details

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