Madras High Court
OP/396/2025 of N.Gopal and another Vs No Respondent on 8 October 2026
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 08-10-2026
CORAM
THE HON'BLE MR.JUSTICE P.B. BALAJI
OP No. 396 of 2025
& A.No.2795 of 2026
CNR:{HCMA010701182024}
1. N. Gopal
2. Neha Gopal
..Petitioner(s)
Vs
No Respondent
Nil
..Respondent(s)
A No. 2795 of 2026
1. N.Gopal
2. Neha Gopal
..Applicant(s)
Vs
1. T. Sanganeswaram
2. Parvatham Sangameswaran
..Respondent(s)
OP No. 396 of 2025
To grant a succession certificate to the first Petitioner with power to collect the debts in the name of the deceased Smt. Jayalakshmi Gopal at State Bank of India, Velacherry branch Chennai along with accrued interest specified in the schedule hereunder Net amount of Rs.6,69,602/- Suc duty of Rs.20,100/- paid on 18.11.2024 E-c/f. in A.956 of 2025 dated 24.03.2025.
A No. 2795 of 2026
To pass an order to implead the proposed respondents being the father and mother of the deceased Mrs.Jayalakshmi Gopal, respectively as first and second respondents in the O.P.No.396 of 2025.
For Petitioner(s):
M/S.Nageswaran and Narichania
For Respondent(s):
M/s.S.Akshaya
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COMMON ORDER
Though A.No.2795 of 206 has been filed, seeking to implead the father and mother of the deceased, Mrs.Jayalakshmi Gopal, who died intestate and in respect of whose movable assets, Succession Certification is now sought for by the husband and daughter, I find this application unnecessary, since the parents of the deceased are not entitled to succeed to her share, since the husband and daughter are very much alive. Hence, I do not find the application necessary.
2. In view of the above, this application is dismissed as unnecessary. In any event, the fact that the parents of the deceased have also come forward to give consent affidavit, is recorded.
3. Heard the learned counsel for the petitioner.
4. The 1st petitioner himself examined as P.W.1 before the learned Master and marked Ex.P1 to Ex.P5. Though Ex.P2, legal heirship certificate mentions the names of the parents of the deceased, Mrs.Jayalakshmi Gopal, under the provision of Sections 14 and 15 of the Hindu Succession Act, when the husband and daughter of the deceased, female died intestate are alive, her parents are not legal representatives entitled to succeed to the estate of the said daughter. Though the legal heirship certificate mentions the names of the parents of the deceased, I am not bound by the said certificate issued by the Tahsildar. I am satisfied with the evidence adduced by the 1st petitioner. The death of the wife of the 1st petitioner, mother of the 2nd petitioner is proved by production of the original death certificate. The succession certificate is required for the purposes of realising securities standing in the name of the deceased. The general paper publication, as directed by this Court, has also been effected. The petitioners are entitled to grant of Succession Certificate.
5. In fine, A.No.2795 of 2026 is dismissed as unnecessary and O.P.No.396 of 2025 is allowed and Succession Certificate shall be issued to the petitioners to collect the debts specified in the schedule to the OP, in the name of Mrs.Jayalakshmi Gopal at State Bank of India, Velacherry Branch, Chennai, along with accrued interest, if any. 08-10-2026 Index: Yes/No Speaking/Non-speaking order Neutral Citation: Yes/No ATA
P.B.BALAJI J. ATA OP NO. 396 OF 2025 & A No. 2795 of 2026 08-10-2026