Bangalore District Court
Smt. Kasturi vs Nil on 1 April, 2019
IN THE COURT OF THE XII ADDL. CITY CIVIL JUDGE, AT
BENGALURU CITY
PRESENT: SRI. SATHISHA L.P., B.A., LL.B.,
XII ADDL.CITY CIVIL & SESSIONS JUDGE
(CCH.No.27), BENGALURU
Dated this the 1st day of April, 2019.
P & SC.No.21/2019
PETITIONER : Smt. Kasturi,
Wife of Late Tangavelu D.
Aged about 69 years,
Residing at No.40, GB Lane,
2nd Cross, Cottonpet,
Bengaluru-560 053
(By Smt. M.K. Sowmya, Advocate)
VS.
RESPONDENT : NIL
ORDERS
This petition is filed U/Sec.372 of the Indian Succession Act by
the petitioner to issue succession certificate with respect to petition
schedule property.
2. The brief facts of the petitioner's case is that, petitioner
is the legally wedded wife of deceased Tangavelu and their
2 P & SC.No.21/2019
marriage was solemnized as per Hindu rites and customs and out of
the wedlock, there are no issues. It is further pleaded by the
petitioner that, her father-in-law and mother-in-law are also died
long back and her husband deceased Tangavelu died on
20.11.2017 leaving behind the petitioner as his alone legal heir and
during his lifetime, he has acquired the petition schedule property
and after the death of her husband, she approached the Syndicate
Bank, Balepet Branch, Bengaluru to pay the petition schedule
amount and the bank authorities have insisted to produce the
succession certificate. Hence she is before Court.
3. After filing of the petition, paper publication was issued
and in response to paper publication nobody has appeared before
Court.
4. Petitioner herself examined as P.W.1 and Ex.P.1 to P.8
are marked. Ex.P.1 is genealogical tree, Ex.P.2 is death certificate
of deceased Tangavelu, Ex.P.3 is bank passbook of deceased
Tangavelu, Ex.P.4 is election ID card of the petitioner, Ex.P.5 is
election ID card of Tangavelu, Ex.P.6 is ration card, Ex.P.7 is
3 P & SC.No.21/2019
Aadhaar card of the petitioner and Ex.P.8 is Aadhaar card of
deceased Tangavelu.
5. Heard the arguments and perused the records.
6. Now, the point arose for my consideration is:
Whether the petitioner is entitled for the relief as
sought?
7. My answer to the above point is in the 'affirmative' for
the following:
REASONS
8. It is the definite case of the petitioner that, she is alone
legal heir of the deceased Tangavelu and during his life time,
Tangavelu has acquired the petition schedule property. To
substantiate this contention, petitioner has produced Ex.P.1 which is
genealogical tree and in the said genealogical tree only petitioner is
shown as legal heir and except petitioner there are no other legal
heirs. To substantiate the death of her husband Tangavelu, she has
produced Ex.P.2, which is death certificate issued by the competent
authority. As per the said document, her husband died on
4 P & SC.No.21/2019
20.11.2017. To prove that deceased Tangavelu is having petition
schedule property in Syndicate Bank, she has produced the
passbook of Syndicate Bank as per Ex.P.3, which reflects the petition
schedule amount is standing in the account of deceased Tangavelu.
To establish the identity, she has produced her voter ID card at
Ex.P.4 and to establish the identity of deceased Tangavelu, she has
produced Ex.P.5 which is election ID card. In order to establish the
relationship, she has produced the ration card at Ex.P.6 in which
only deceased Tangavelu and petitioner are shown as members of
the family and Ex.P.7 and P.8 are the Aadhaar card of husband and
wife.
9. So all these records clearly goes to show that, petitioner
and deceased Tangavelu are husband and wife and they have no
children and the petition schedule amount is belongs to the
deceased Tangavelu and being the legally wedded wife and alone
legal heir, the petitioner is entitled for the petition schedule
property. Hence I proceed to pass the following:
5 P & SC.No.21/2019
ORDER
The petition is allowed.
The office is directed to issue succession certificate to the petitioner with respect to petition schedule property after collecting necessary fees.
(Dictated to the Stenographer, transcript thereof corrected, signed and then pronounced by me, in open Court, on this the 1st day of April, 2019.) (SATHISHA L.P.) XII ADDL.CITY CIVIL & SESSIONS JUDGE BENGALURU CITY SCHEDULE Amount of Rs.7,20,366.02 (rupees seven lakhs twenty thousand three hundred sixty six and paise two only) with accrued interest thereon lying in Savings Bank Account No.04352010029660. Customer ID No.16005443 in the name of the petitioner's Late husband Tangavelu D., in the Syndicate Bank, Balepet Branch, Bengaluru 560 053.
6 P & SC.No.21/2019ANNEXURE I. List of witnesses examined on behalf of:
(a) Petitioner side :
P.W.1: Kasturi
(b) Respondent side : N I L II. List of documents exhibited on behalf of :
(a) Petitioner side :
Ex.P.1: Genelogical tree Ex.P.2: Death certificate of Tangavelu Ex.P.3: Syndicate Bank passbook of Tangavelu Ex.P.4: Election ID card of Kasthuri Ex.P.5: Election ID card of Tangavelu Ex.P.6: Ration card Ex.P.7: Aadhaar card of Kasthuri Ex.P.8: Aadhaar card of Tangavelu
(b) Respondent side : NIL XII ADDL.CITY CIVIL & SESSIONS JUDGE, BENGALURU CITY.