Authority: High Court of Judicature at Madras

Order Date: 27-07-2026

Case Overview

  • Petitioners: S. Sivashaanthini (W/o T.J. Selvavasan) and Malathishree Raguramamoorthy (W/o Raghuramamoorthy), sisters of the deceased, residing at Chennai and Madurai respectively.
  • Respondent: None.
  • Petition filed under Section 372 of the Indian Succession Act, 1925 read with Order XXV Rule 6 of the Original Side Rules, seeking a succession certificate to collect debts, interest, dividends and to negotiate/transfer securities listed in the schedule.
  • Deceased: Late M.K. Prem Anand, died intestate and unmarried on 08‑11‑2018 in Chennai. His parents, M. Kumaravel (d. 08‑01‑1994) and K. Rajammal (d. 08‑06‑2018), predeceased him.
  • The petitioners claim to be the only surviving legal heirs, entitled to equal shares of the estate.
  • The deceased had taken twelve gold loans from Chennai Central Co-operative Bank Limited, Arumbakkam Branch, pledging gold jewellery.
  • Bank communication dated 08‑07‑2020 informed the first petitioner that dues on five loan accounts were adjusted by auctioning the pledged jewellery; the remaining jewellery and any surplus sale proceeds could be released upon production of a succession certificate.
  • Additional communication dated 14‑08‑2024 from the bank was also produced.
  • General publication of the petition was effected in the Tamil daily "Makkal Kural" on 23‑01‑2026; no objections were received.
  • Evidence: Petitioner's own testimony (P.W.1) and exhibits Ex.P1 to Ex.P10, including death certificates of the deceased and his parents, bank letters, gold‑loan receipts, Aadhaar copies, the newspaper publication, and a certificate under Section 63(4)(C) of the Banking Supervision Act.
  • Net amount claimed: Rs.21,17,200/-. Succession duty of Rs.25,000/- paid on 27‑03‑2025.

Final Outcome

  • The petition is partially allowed.
  • A succession certificate shall be issued jointly to the petitioners, in equal shares, for:

a) The amount standing to the credit of the deceased in Savings Bank Account No.10506010050551 with Chennai Central Co‑operative Bank Limited, Arumbakkam Branch.

b) Any surplus amount, if any, payable by the bank from the sale proceeds of the jewellery auctioned under the gold‑loan accounts, together with any accrued interest.

  • The prayer for issuance of a succession certificate covering the gold jewellery remaining in the bank’s custody is rejected; the petitioners must pursue other legal remedies for the jewellery.
  • No costs were awarded.

Topics: Succession Law, Banking