High Court · 2025

O.P.No.204 of 2024IN THE HIGH COURT OF JUDICATURE AT MADRASDATED: 20.03.2025CORAMTHE HONOURABLE MR.JUSTICE K.KUMARESH BABUO.P.No.204 of 2024Smt.Sunitha A.…Petitionervs.1.Smt.Meera Mitra2.Smt.Preethy Krishnan3.Sri.Rajiv Balakrishnan4.Smt.Sarasa Lakshmanan5.Smt.Suma Shankar...RespondentsPRAYER: Original Petition filed under Section 372 of the Indian Succession Act XXXIX of 1925 and under Order XXV Rule 6 of Original Side Rules, praying that a Succession Certificate may be granted to the petitioner with power to collect the debts and to receive interest thereon specified in the Schedule hereunder.For Petitioner : Mr.V.SrikanthFor Respondents : No appearanceORDERThe petitioner seeks Succession Certificate in respect of the securities held by Late A.Vijayaraghavan, who died intestate on 05.04.2018. The wife of the deceased predeceased him on 19.09.2016. The deceased and his wife died issueless. Though the deceased executed a will dated 04.10.2017 1/7 https://www.mhc.tn.gov.in/judis O.P.No.204 of 2024excluded the debt’s specified in this petition. The respondents 1 to 3 are the children of the deceased’s elder brother. The petitioner and the fifth respondent are the daughter and fourth respondent is the wife of the deceased’s younger brother. The petitioner and respondents are the only surviving legal heir of the deceased late.A.Vijayaraghavan.2. The petitioner has examined herself as PW1. She has produced the computer generated death certificates of the deceased and his wife as Ex.P26 and Ex.P27. A paper publication was made and marked as Ex.P29, wherein it is stated that the petitioner and the respondents are the surviving legal heirs of the deceased A.Vijayaraghavan. No objection was received from any person. The consent affidavits of the respondents had been filed. 3. The assertions in the petition have been duly proved by adducing oral evidence supported by documents. In these circumstances, the petitioner is entitled to the relief.4. In view of the above evidence, the Original Petition is allowed granting Succession Certificate in favour of the petitioner, in respect of the 2/7 https://www.mhc.tn.gov.in/judis O.P.No.204 of 2024securities mentioned in the schedule to the petition. 20.03.2025kakIndex :Yes/NoPetitioner's witness:P.W.1 – Mrs.A.SunithaDocuments exhibited by the petitioners:ExhibitsDocumentsEx.P1Photocopy of the Fixed Deposit Receipt dated 13.06.2016 bearing No.TDR/CBS-Y 751281, Allahabad Bank, Anna Nagar East Branch standing in the name of Mr.A.Vijayaraghavan and Mrs.Sita Vijayan (Compared with the original)Ex.P2Photocopy of the Fixed Deposit Receipt dated 07.05.2018 bearing No.TDR/CBS-Y 248289, Allahabad Bank, Anna Nagar East Branch standing in the name of Mr.A.Vijayaraghavan and Mrs.Sita Vijayan (Compared with the original)Ex.P3Photocopy of the Fixed Deposit Receipt dated 07.05.2018 bearing No.TDR/CBS-AA 248290, Allahabad Bank, Anna Nagar East Branch standing in the name of Mr.A.Vijayaraghavan and Mrs.Sita Vijayan (Compared with the original)Ex.P4Photocopy of the Fixed Deposit Receipt dated 07.05.2018 bearing No.TDR/CBS-AA 248291, Allahabad Bank, Anna Nagar East Branch standing in the name of Mr.A.Vijayaraghavan and Mrs.Sita Vijayan (Compared with the original)Ex.P5Photocopy of the Fixed Deposit Receipt dated 07.05.2018 bearing No.TDR/CBS-AA 248292, Allahabad Bank, Anna Nagar East Branch standing in the name of 3/7 https://www.mhc.tn.gov.in/judis O.P.No.204 of 2024Mr.A.Vijayaraghavan and Mrs.Sita Vijayan (Compared with the original)Ex.P6Photocopy of the Fixed Deposit Receipt dated 11.11.2013 bearing Account No.5408957, City Union Bank Ltd, Anna Nagar East Branch standing in the name of Lt Col. Mr.A.Vijayaraghavan (Compared with the original)Ex.P7Photocopy of the Fixed Deposit Receipt dated 13.11.2013 bearing Account No.5414833, City Union Bank Ltd, Anna Nagar East Branch standing in the name of Lt Col.Mr.A.Vijayaraghavan (Compared with the original)Ex.P8Photocopy of the Fixed Deposit Receipt dated 22.11.2013 bearing Account No.5440531, City Union Bank Ltd, Anna Nagar East Branch standing in the name of Lt Col.Mr.A.Vijayaraghavan (Compared with the original)Ex.P9Photocopy of the Fixed Deposit Receipt dated 22.11.2013 bearing Account No.5440520, City Union Bank Ltd, Anna Nagar East Branch standing in the name of Lt Col.Mr.A.Vijayaraghavan (Compared with the original)Ex.P10Photocopy of the Term Deposit Receipt dated 20.12.2016 bearing Account No.014944300001064/3, Dhanlaxmi Bank Ltd, Anna Nagar East Branch standing in the name of Mr.A.Vijayaraghavan (Compared with the original)Ex.P11Photocopy of the Term Deposit Receipt dated 24.11.2017 bearing Account No.014944300001665/3, Dhanlaxmi Bank Ltd, Anna Nagar East Branch standing in the name of Mr.A.Vijayaraghavan (Compared with the original)Ex.P12Photocopy of the Term Deposit Receipt dated 08.11.2017 bearing Account No.014944300001644/3, Dhanlaxmi Bank Ltd, Anna Nagar East Branch standing in the name of Mr.A.Vijayaraghavan (Compared with the original)Ex.P13Photocopy of the Term Deposit Receipt dated 21.03.2017 bearing Account No.014944300001644/2, Dhanlaxmi Bank Ltd, Anna Nagar East Branch standing in the name of Mr.A.Vijayaraghavan (Compared with the original)Ex.P14Photocopy of the Term Deposit Receipt dated 05.06.2017 bearing Account No.014944300001585/2, Dhanlaxmi Bank Ltd, Anna Nagar East Branch standing in the name of Mr.A.Vijayaraghavan (Compared with the original)Ex.P15Photocopy of the Term Deposit Receipt dated 27.06.2017 4/7 https://www.mhc.tn.gov.in/judis O.P.No.204 of 2024bearing Account No.014944300001665/2, Dhanlaxmi Bank Ltd, Anna Nagar East Branch standing in the name of Mr.A.Vijayaraghavan (Compared with the original)Ex.P16Photocopy of the Fixed Deposit Receipt dated 13.09.2016 bearing Account No.530603020091274, Union Bank of India Ltd, Anna Nagar East Branch standing in the name of Mr.A.Vijayaraghavan (Compared with the original)Ex.P17Photocopy of the Fixed Deposit Receipt dated 11.07.2014 bearing Account No.530603020090878, Union Bank of India Ltd, Anna Nagar East Branch standing in the name of Mr.A.Vijayaraghavan (Compared with the original)Ex.P18Photocopy of the Fixed Deposit Receipt dated 11.07.2014 bearing Account No.530603020090882, Union Bank of India Ltd, Anna Nagar East Branch standing in the name of Mr.A.Vijayaraghavan (Compared with the original)Ex.P19Photocopy of the Fixed Deposit Receipt dated 11.07.2014 bearing Account No.530603020090879, Union Bank of India, Anna Nagar East Branch standing in the name of Mr.A.Vijayaraghavan (Compared with the original)Ex.P20Photocopy of the Fixed Deposit Receipt dated 29.11.2015 bearing Account No.530603020091077, Union Bank of India Ltd, Anna Nagar East Branch standing in the name of Mr.A.Vijayaraghavan (Compared with the original)Ex.P21Photocopy of the Fixed Deposit Receipt dated 29.01.2015 bearing Account No.530603020091076, Union Bank of India Ltd, Anna Nagar East Branch standing in the name of Mr.A.Vijayaraghavan (Compared with the original)Ex.P22Photocopy of the first page of Savings account passbook in Dhanlaxmi Bank Bearing A/c.No.014903000000063 standing in the name of Mr.A.Vijayaraghavan(Compared with the original)Ex.P23Photocopy of the first page of Savings account passbook in City Union Bank Bearing A/c.No.113001000005556 standing in the name of Lt Col.Mr.A.Vijayaraghavan(Compared with the original)Ex.P24Photocopy of the first page of Savings account passbook in City Union Bank Bearing A/c.No.530602170070004 standing in the name of Lt Col.Mr.A.Vijayaraghavan(Compared with the original)5/7 https://www.mhc.tn.gov.in/judis O.P.No.204 of 2024Ex.P25Photocopy of the first page of Savings account passbook in Allahabad Bank Bearing A/c.No.20060865307 standing in the name of Lt Col.Mr.A.Vijayaraghavan(Compared with the original)Ex.P26Computer generated death certificate of Mrs.Sita Vijayan.Ex.P27Computer generated death certificate of Mr.A.Vijayaraghavan.Ex.P28Original account statement dated 02.05.2023 issued by Union Bank of India in respect of Lt.Col.Mr.A.Vijayaraghavan.Ex.P29Copy of the paper publication effected in one issue of Tamil Daily “Dina Kural” dated 30.08.2024.Ex.P30Certificate under Section 65 B of the Indian Evidence Act, 1872.20.03.2025kakK.KUMARESH BABU, J.kak6/7 https://www.mhc.tn.gov.in/judis O.P.No.204 of 2024O.P.No.204 of 202420.03.20257/7