Madras High Court
A.Jayamani vs Unknown on 29 October, 2024
O.P.No.274 of 2024
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 29.10.2024
CORAM
THE HONOURABLE MR.JUSTICE RMT.TEEKAA RAMAN
O.P.No.274 of 2024
1. A.Jayamani
2. R.Balasubramanian
3. R.Alagu Chitra
… Petitioners
PRAYER: Original Petition filed under Section 372 of Indian Succession Act
XXXIX of 1925, read with Order XXV Rule 6 of Original Side Rules, praying
that a Succession Certificate may be granted to the petitioners,
Mrs.A.Jayamani, R.Balasubramanian and R.AlaguChitra with the power to
collect the debts and to receive the interest specified in the schedule.
For Petitioners : Ms.Srinidhi
for Mr.M.Jaikumar
ORDER
This Original Petition is filed under Section 372 of Indian Succession
Act XXXIX of 1925, read with Order XXV Rule 6 of Original Side Rules,
praying that a Succession Certificate may be granted to the petitioners,
Mrs.A.Jayamani, R.Balasubramanian and R.AlaguChitra with the power to
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collect the debts and to receive the interest specified in the schedule.
2. It is submitted by the learned counsel for the petitioners that the
petitioners herein are the Class 2 legal heirs of the deceased R.Shanthi. The 1st
and 2nd petitioner, along with one Renugadevi and Shanthi are the children of
one Mr.Ramakrishnan and Mrs. Lakshmi. The above said Renugadevi died on
25.10.2014, leaving behind the 3rd petitioner as sole legal heir of above said
Renugadevi. The above said Mr.Ramakrishnan & Mrs.Lakshmi died on
22.02.1991 and 10.10.2009 respectively.
2.1. The learned counsel for the petitioners further submits that the
above said Shanthi died intestate as spinster on 27.04.2018, at her ordinary
place of residence, No.15/39, Vallalar Street, Padmanabhan Nagar,
Choolaimedu, Chennai-600 094. The petitioners applied for a legal heirship
certificate for the deceased Shanthi on 01.10.2019, to claim her estate. After
the authority refused to issue the certificate, they filed a suit in O.S.No.579 of
2019 at the Principal District Munsif Court, Madurai Town, and on
21.01.2020, a decree was passed declaring the petitioners as legal heirs of the
deceased Shanthi.
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2.2. The petitioners then approached the Indian Overseas Bank,
Choolaimedu Branch, requesting the release of fixed deposits FD No. 353640
dated 03.09.2013, for Rs.4,00,000/-, FD No. 0160768 dated 12.04.2017, for
Rs.5,00,000/- and FD No. 0160769 dated 12.04.2017, for Rs.7,00,000/- from
the deceased Shanthi's Savings Bank account No.18685. However, the bank
refused to disburse the funds, claiming that Shanthi was married to one Rajan,
who was named as the nominee on the Savings Bank account.
2.3. The petitioners assert that, to their knowledge, Shanthi never
married, and the bank has not provided any details regarding the alleged
nominee. They contend that neither the fixed deposits nor any other records
refer her husband and only the name of Shanthi’s father is mentioned in all
documents. On 11.10.2021, they sent a notice to the bank requesting the
release of the funds for which the bank denied and asked the petitioners to
produce succession certificate. The assets for which the succession certificate is
required is of the value Rs.16,00,600/-. Thus it is prayed that a succession
certificate may be granted to the petitioners.
3. After following due procedure, the petitioners were invited to tender
evidence. The 1st petitioner, Mrs.A.Jayamani examined herself as P.W.1 and
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marked Exs.P1 to P18. Paper publication has been effected and the learned
Master did not receive any objections.
4. In view of both oral and documentary evidences adduced before this
Court, I find no impediment to grant succession certificate to the petitioners.
5. Hence, this Original Petition stands allowed. The Succession
Certificate may be issued in favour of the petitioners in accordance with rules,
with the power to collect the debts and to receive the interest specified in the
schedule.
29.10.2024
Index :Yes/No
spp
APPENDIX
Petitioner's witness:
P.W.1 – Mrs.A.Jayamani
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Documents marked:
S.No Particulars Exhibits
1 Photocopy of Aadhaar Card (P.W.1) (Compared with the P1
original)
2 Photocopy of the Aadhaar Card of second petitioner P2
(Compared with the original)
3 Photocopy of the Aadhaar Card of third petitioner P3
(Compared with the original)
4 Photocopy of the Aadhaar card of Ms.Shanthi (Compared P4
with the original)
5 Computer generated death certificate of P5
Mr.S.Ramakrishnan
6 Computer generated legal heirshp certificate of P6
Mrs.Lakshmi Ammal
7 Computer generated death certificate of Ms.Shanthi P7
8 Photocopy of the voter identity card of Ms.Shanthi P8
(Compared with the original)
9 (Series 4 Nos) Photocopies of the front pages of Indian P9
Overseas Bank passbook bearing
A/c.No.130801000018685 standing in the name of
Ms.R.Shanthi (Compared with the original)
10 Photocopy of the rental agreement dated 14.03.2017 P10
entered into between Mr.A.Balakrishnan and
Ms.R.Shanthi (Compared with the original)
11 Photocopy of the Indian Overseas Bank deposit receipt P11
dated 07.09.2013 in the name of Ms.R.Shanthi
(Compared with the original)
12 Photocopy of the Indian Overseas Bank deposit receipt P12
dated 12.04.2017 in the name of Ms.R.Shanthi
(Compared with the original)
13 Photocopy of the Indian Overseas Bank deposit receipt P13
dated 12.04.2017 in the name of Ms.R.Shanthi
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S.No Particulars Exhibits
(Compared with the original)
14 Photocopy of the petition dated 26.02.2021 filed under P14
Right to Information Act, 2005 sent by P.W.1 to the
Central Public Information Officer Indian Overseas Bank,
Choolaimedu, Chennai (Compared with the original)
15 Photocopy of the letter dated 04.01.2021 addressed to me P15
by Indian Overseas Bank asking for the order from the
competent court directing the Bank to settle the amount in
the account Mrs.R.Shanthi (Compared with the original)
16 Photocopy of the judgment and decree dated 21.01.2020 P16
in O.S.No.579 of 2019 passed by the Principal District
Munsif Court, Madurai Town (Compared with the
original)
17 Copy of paper publication effected in one issue of Tamil P17
daily “Maalai Thamizhagam” dated 10.08.2024
18 Certificate under Section 65B of the Indian Evidence Act, P18
29.10.2024
spp
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RMT.TEEKAA RAMAN, J.
spp
29.10.2024
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