Allowed

Pushya Srinivasan and 2 Others v. No Respondent

Madras HC16 Dec 2024OP/815/2023

Case brief

AI extract

What is this about?

Succession petition under Section 372 of the Indian Succession Act by the daughter and legal heirs of the deceased's predeceased son for the deceased's HDFC Bank deposit. After evidence and paper publication without objections, the court granted the succession certificate to the first petitioner with annual accounting.

What did the court decide?

Succession certificate issued to first petitioner for the deceased's HDFC Bank deposit, with powers to collect debts/securities and receive interest/dividends; directed to render account annually.

Pushya Srinivasan and 2 Others Vs No Respondent — Succession and Inheritance | Madras HC (2024)

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O.P.No.815 of 2023

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IN THE HIGH COURT OF JUDICATURE AT MADRAS

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DATED : 16.12.2024

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CORAM

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THE HONOURABLE DR.JUSTICE G.JAYACHANDRAN

O.P.No.815 of 2023

1. Pushya Srinivasan

2. Akila Srikanth

3. Adithya Srikanth ... Petitioners

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Prayer: Original Petition has been filed under Sections 372 of Indian Succession Act, 1925 r/w Order XXV Rules 6 of Original Side Rules, praying that succession certificate may be granted in favour of the 1 st petitioner (Mrs.Pushya Srinivasan) with powers to collect the debts, securities and to receive the interest and dividends thereon and negotiable and transfer the securities specified in the schedule hereto.

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For Petitioner : Mr.T.S.Baskaran

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O R D E R

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The Original Petition has been filed under Section 372 of Indian

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Succession Act r/w XXV Rule 6 of Original Side Rules for issuance of succession certificate to the 1^st petitioner with powers to collect the debts, securities and to receive the interest and dividends thereon and negotiable and transfer the securities specified in the schedule.

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O.P.No.815 of 2023

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Mr.S.Raman, is the father of first^t petitioner, father-in-law of the second petitioner and grand father of the third petitioner died on 20.05.2015. The first petitioner and the husband of the second petitioner are his children. The son of the second petitioner who is the son of Raman pre deceased him on 20.09.2007. During his life time, he was a partner in a firm called '' Raman Sinhas Electricals''. He has purchased the movables and shares in his name and also had bank deposits in HDFC Bank.

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As far as the partnership firm is concerned, the deed of partnership itself had contemplated death or retirement of partners how the share of the partnershood should devolve. In so far as the immovables, shares and deposit, the said S.Raman has not executed a Will and therefore it has to devolve on his legal heirs as per the Hindu Succession Act.

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Being the daughter and legal heirs of the pre deceased son, the petitioners are before this Court for grant of succession certificate. Though list of securities found in the schedule besides amount laying in the bank, the petitioners have confined their relief only in respect of the bank deposit and has given up their claim in respect of the shares certificated for the present since the share certificates are not available https://www.mhc.tn.gov.in/judis 2/6

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O.P.No.815 of 2023

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with them. The second and third petitioners have given consent for grant

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of grant of succession certificate in favour of the first petitioner who is the daughter of the deceased S.Raman. In so far as the deposit lying the account at HDFC Bank in the name of the deceased Raman.

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To prove her claim, the first petitioner has graced the witness

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box and examined herself as P.W.1 and marked the following eight

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exhibits:

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*Exhibits*	*Documents*
Ex.P.1	The photocopy of the Death Certificate of Mr.Raman Srikanth
Ex.P.2	The Photocopy of the Partnership deed dated 01.04.2008
Ex.P.3	The Computer generated death certificate of Mr.S.Raman
Ex.P.4	The Computer generated death certificate of Shanta Raman
Ex.P.5	The Computer generated legal heir certificate of Mrs.Shanta Raman
Ex.P.6	The Original Bank Account Statement for the period 01.04.2015 to 08.04.2015 in the respect of partnership firm
Ex.P.7	The Copy of the Paper Publication effected in one issue of Tamil Daily '' Makkal Kural '' dated 11.02.2024
Ex.P.8	The Certificate under Section 65B of the Indian Evidence Act, 1872

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Her proof affidavit filed in lieu of chief examination also indicates that restricting the claim for grant of succession certificate in so far as the money laying in the bank account of Raman in HDFC Bank. Paper Publication is marked as Ex.P.7 inviting any objections if any from the

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O.P.No.815 of 2023

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general public has not evoked any objection or caveat.

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In view of the above fact, this Court is satisfied that the first petitioner is entitled for the Succession Certificate in respect of the bank deposit in the account of S.Raman maintained at HDFC Bank.

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Accordingly, this Original Petition stands allowed. The Succession Certificate is issued in favour of the first petitioner with powers to collect the debts, securities and to receive the interest and dividends thereon and negotiable and transfer the securities specified in the schedule. The petitioner is directed to render account once in a year.

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16.12.2024

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Index : Yes/No. Internet : Yes/No. Vv

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APPENDIX

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Petitioner's witness:

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P.W.1 – Mrs.Pushya Srinivasan

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Documents marked:

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O.P.No.815 of 2023

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*Exhibits*	*Documents*
Ex.P.1	The photocopy of the Death Certificate of Mr.Raman Srikanth
Ex.P.2	The Photocopy of the Partnership deed dated 01.04.2008
Ex.P.3	The Computer generated death certificate of Mr.S.Raman
Ex.P.4	The Computer generated death certificate of Shanta Raman
Ex.P.5	The Computer generated legal heir certificate of Mrs.Shanta Raman
Ex.P.6	The Original Bank Account Statement for the period 01.04.2015 to 08.04.2015 in the respect of partnership firm
Ex.P.7	The Copy of the Paper Publication effected in one issue of Tamil Daily '' Makkal Kural '' dated 11.02.2024
Ex.P.8	The Certificate under Section 65B of the Indian Evidence Act, 1872

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16.12.2024

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O.P.No.815 of 2023

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G.JAYACHANDRAN, J.

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Original Petition No.815 of 2023

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16.12.2024

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Pushya Srinivasan and 2 Others v. No Respondent

Case brief

What is this about?

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Pushya Srinivasan and 2 Others v. No Respondent

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