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Judgment
ORDER
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 debt due to late Mrs. Durga Ramachandran, as set out in the Schedule to the petition.
The petitioners, R. Magesh and R. Sugesh, are the sons of the deceased. Mrs. Durga Ramachandran died intestate on 30.04.2025 at Chennai. Her husband, K. Ramachandran, had predeceased her on 11.10.2009. The parents of the deceased had also predeceased her. It is specifically stated that there are no other legal heirs or next of kin interested in the estate of the deceased.
The deceased had a Pension Account bearing No.1955105499 with the Sub-Post Master, Sembium Post Office, Chennai, in which a sum of Rs.9,40,386.40 is stated to be lying to her credit. The Succession Certificate is sought for collection of the said amount.
The first petitioner, R. Magesh, has filed a separate consent affidavit stating that he and the second petitioner are the only surviving legal heirs of the deceased and that he has no objection to the Succession Certificate being granted in favour of the second petitioner, R. Sugesh.
General paper publication has been effected in the Tamil daily “Makkal Kural”. The second petitioner, R. Sugesh, was examined as P.W.1. Ex.P1 is the death certificate of K. Ramachandran; Ex.P2 is the death certificate of Durga Ramachandran; Ex.P3 is the Legal Heirship Certificate of Durga Ramachandran which shows the petitioners as the surviving legal heirs of the deceased.; Ex.P4 is the passbook relating to Account No.1955105499; and Ex.P5 is the copy of the paper publication and other relevant documents as Ex.P6 and Ex.P7.
On consideration of the pleadings and the oral and documentary evidence, this Court is satisfied that there is no rival claim or objection and no impediment to the grant of a Succession Certificate in favour second petitioner.
Accordingly, this Original Petition is allowed. A Succession Certificate shall be issued in favour of the second petitioner, R. Sugesh, in respect of the debt specified in the Schedule to the petition, namely the amount lying in Account No.1955105499 with the Sub-Post Master, Sembium Post Office, Chennai, with power to receive interest and dividends thereon, and negotiate and transfer the securities described in the schedule to the petition together with accrued interest, if any, complying with all usual formalities and requirements of the Registry. There shall be no order as to costs. Consequently, connected applications, if any, stand closed.