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Judgment
O R D E R
This Original Petition has been filed under Section 372 of the Indian Succession Act, 1925, seeking grant of a Succession Certificate in respect of the debts and service benefits of late G. Prahalpusparagam, specified in the Schedule to the petition.
The deceased G. Prahalpusparagam died intestate on 04.03.2022. The original petitioners 1 and 2, viz., G. Charles Dony and G. Emerald Prem Anand, are his brothers and the third petitioner, G. Grace Jasinth Priyadarshini, is his sister. The parents of the deceased, V. Gurumanickam and G. Rose Dhamayanthy, had predeceased him. The Legal Heirship Certificate also records the aforesaid three persons as the surviving legal heirs of the deceased.
It is stated that the deceased had married S. Elezebeth Shanthakumari. However, the said marriage was declared null and void by this Court by order dated 25.07.2000 in O.M.S.No.15 of 2000, and there was no issue out of the said marriage. The petitioners therefore claim as the surviving brothers and sister of the deceased.
During the pendency of this Original Petition, the first petitioner G.Charles Dony died on 02.02.2026, leaving behind his wife Mrs. S. Isabel Dericks Selvam and his minor daughter C. Joanna as his legal heirs. By order dated 26.02.2026 in A.No.1018 of 2026, they were permitted to be brought on record as petitioners 4 and 5 respectively. Accordingly, the fourth petitioner represents herself and the fifth petitioner, being a minor, is represented by her mother and natural guardian, the fourth petitioner. In order to avail the service benefits of the deceased G. Prahalpusparagam, the petitioners have filed this Original Petition, seeking succession certificate. The petitioners state that the amount of assets which are likely to come into their hands does not exceed in the aggregate the sum of Rs.30,00,000/-.
There is no respondent in the Original Petition. General paper publication was effected in the Tamil daily “Makkal Kural” on 20.01.2026. The learned Master, after verifying the affidavit of service, recorded completion of service and further recorded that, despite calling for objections in open Court, no objection was raised by any person.
The second petitioner, G. Emerald Prem Anand, was examined as P.W.1. Exs.P1 to P11 were marked, which include the death certificate and Legal Heirship Certificate of the deceased, the order dated 25.07.2000 made in O.M.S.No.15 of 2000, the death certificates of the parents of the deceased, the correspondence with the Government Kilpauk Medical College and the Accountant General, and proof of general paper publication.
On consideration of the oral and documentary evidence this Court is satisfied that the petitioners have made out a case for grant of a Succession Certificate.
Accordingly, the Original Petition is allowed. A Succession Certificate shall be issued in favour of petitioners 2 to 5 in respect of the debts and securities specified in the Schedule to the petition. The Succession Certificate shall be issued subject to the petitioners furnishing the requisite security and complying with the statutory requirements, including payment of the requisite Court fee, if not already paid. Since the fifth petitioner is a minor, represented by her mother and natural guardian (the fourth petitioner), the share of the minor shall be deposited in a Fixed Deposit in a Nationalised Bank until she attains majority. The interest accruing thereon may be utilized for the maintenance and education of the minor, and the principal amount shall be released to the fifth petitioner upon her attaining majority. No costs.