V.Chellammal v. Nil
Case brief
What is this about?
The court granted a Succession Certificate to the petitioner under Section 372 of the Indian Succession Act, 1925, due to an omission of a legal heir in the earlier certificate affecting withdrawal of death benefits.
What did the court decide?
Succession Certificate granted to the first petitioner with power to collect debts and receive interest, directed to render accounts once a year.
What the court decided
1
O.P.No. 512 of 2021
C.V.KARTHIKEYAN, J.
This Petition has been filed under Section 372 of the Indian Succession Act 1925 seeking Succession Certificate relating to debts of M.Venkatesan, the husband of the first petitioner and the father of the second, third and fourth petitioners.
2. It is stated that M.Venkatesan was working as a driver in the Metropolitan Transport Corporation. He died on 01.01.2020. There was a small error in the legalheirship certificate which had been obtained by the petitioners and produced before the employer for receiving death benefits. The name of the fourth petitioner / one of the sons of M.Venkatesan was omitted in the legal heirship certificate. The employer / Metropolitan Transport Corporation therefore had insisted that a Succession Certificate be obtained. It was under these circumstances that the present Petition has been filed. Necessary paper publication had been effected.
3. During evidence, the second petitioner was examined as PW-1. The identity card of her father was marked as Ex.P-1 and the
2
C.V.KARTHIKEYAN, J.
Issues for consideration
1 issue framed by the court
Whether to grant a Succession Certificate to the petitioner for collecting debts of the deceased.
Parties & counsel
- petitioner
C.V. Karthikeyan
- respondent
Venkatesan's Legal Heirs
Coram
C.V. KARTHIKEYAN
Case details
As recorded by the court registry
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