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2025 DAILYLAW 8221 (MAD)

Talluri Girish and 4 others v. No Respondent

OP/389/2025 · 2026-07-13

A D Maria Clete

Transfer Petitionbody2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

O.P. No. 389 of 2025 IN THE HIGH COURT OF JUDICATURE AT MADRAS DATED : 13.07.2026 CORAM THE HONOURABLE DR.JUSTICE A.D.MARIA CLETE OP No. 389 of 2025 1. Talluri Girish S/o. Late Mr.Tallury Vijayaramayya No.64, B 43, Vijaya building, Second Main Road, Gochs Colony, Besant Nagar, Chennai 600 090. 2. Talluri Sita W/o. Late Tallury Vijayaramayya, No.64, B-43, Vijaya Building, Second Main Road, GOCHS Colony, Besant Nagar, Chennai 600 090. Rep by her son Talluri Girish 3. Vijay Srinivas Talluri S/o. Late Talluri Vijayaramayya 106 Preservation Blvd, Chesterfiled, New Jersey, USA 08515 Rep by his brother Talluri Girish 4. Padmavathy Talluri D/o. Late Talluri Vijayaramayya, Ezdan Village, 3, building 471, Street 212, Zone 91, B18, Flat F14, A1 Meshaf Doha, Qatar, Rep by her brother Talluri Girish 5. Chakradhar Venkata Vinayaka Tallury S/o. Late Tallury Vijayaramayya, 7226, Shoshoni Trl. Round Rock, USA 78681, Rep. by his brother Talluri Girish. ..Petitioner(s) 1/7 https://www.mhc.tn.gov.in/judis O.P. No. 389 of 2025 Vs No Respondent Nil ..Respondent(s) Prayer: That a succession certificate may be granted to the petitioners with power to collect the debts and to receive the interest and dividends on and negotiate and transfer the securities specified in the schedule hereto. Net amount of Rs.41,87,817.24/- Suc duty of Rs.25,000/- paid on 26.02.2025. For Petitioner(s): M/s.R.S.Shakthivel A.Aravind For Respondent(s): Nil ORDER This Original Petition has been filed under Section 372 of the Indian Succession Act, 1925, seeking the issuance of a Succession Certificate in favour of the petitioners in respect of the amount standing to the credit of the late Tallury Vijayaramayya in Public Provident Fund Account No. 00000010031058814, maintained with the State Bank of India, Besant Nagar Branch, Chennai. 2. The deceased, Tallury Vijayaramayya, died intestate on 30.09.2020 at Chennai. The deceased is stated to have left behind the petitioners, namely 2/7 https://www.mhc.tn.gov.in/judis O.P. No. 389 of 2025 his widow, three sons and one daughter, as his only surviving Class-I legal heirs. His parents had predeceased him. It is further stated that no nomination had been made in respect of the said PPF account and that no Will or other testamentary instrument was found despite a diligent search. 3. The second petitioner is the deceased's widow, and the first, third, fourth and fifth petitioners are his children. The third, fourth and fifth petitioners, who reside abroad, and the second petitioner have authorised the first petitioner to represent them under the respective Powers of Attorney. The said Powers of Attorney have been marked as Ex.P3 to Ex.P6, and their subsistence has also been affirmed by the first petitioner. 4. Although the petitioners initially sought dispensation of notice, general publication was ordered. Accordingly, publication was made in the Tamil daily “Makkal Kural” on 30.01.2026. The affidavit of service was thereafter filed, and despite the publication inviting objections, none was received from any quarter. 5. The first petitioner was examined as P.W.1 and marked Ex.P1 to Ex.P10. Ex.P1 is the deceased's death certificate; Ex.P2 is the legal heirship 3/7 https://www.mhc.tn.gov.in/judis O.P. No. 389 of 2025 certificate; Ex.P3 to Ex.P6 are the respective Powers of Attorney; Ex.P7 is the statement relating to the PPF account; Ex.P8 is the newspaper publication; Ex.P9 is the first petitioner's Aadhaar card; and Ex.P10 is the certificate relating to the electronic bank statement. 6. Ex.P1 proves the deceased's death, and Ex.P2 establishes that the petitioners are his surviving legal heirs. Ex.P7 proves the existence of the PPF account and the amount standing to the deceased's credit. 7. This Court is therefore satisfied that the petitioners are the sole legal heirs of the deceased and that no impediment under Section 370 of the Indian Succession Act, 1925, exists to the grant of the relief sought. 8. Accordingly, this Original Petition is allowed. A Succession Certificate shall be issued in favour of the petitioners, each entitled to an equal one-fifth share, in respect of the amount standing to the credit of the late Tallury Vijayaramayya in Public Provident Fund Account No. 00000010031058814, maintained with the State Bank of India, Besant Nagar Branch, Chennai, together with the interest accrued thereon, upon payment of the requisite Court fee and compliance with the usual formalities as required by the 4/7 https://www.mhc.tn.gov.in/judis O.P. No. 389 of 2025 Registry, with power to collect the debts and to receive the interest and dividends on and negotiate and for terminal benefits, if any, specified in the Schedule, as applicable till the date of withdrawal, is issued. No costs. 13-07-2026 Index: Yes/No Speaking/Non-speaking order Neutral Citation: Yes/No AY 5/7 https://www.mhc.tn.gov.in/judis O.P. No. 389 of 2025 List of witnesses examined on the side of the petitioner: PW1 – Talluri Girish List of documents marked on the side of the petitioner: Ex.P1 is the computer generated death certificate of Tallury Vijayaramayya. Ex.P2 is the computer generated legal heirship certificate of Tallury Vijayaramayya. Ex.P3 is the photocopy of special power of attorney executed by the 3rd petitioner in favour of 1st petitioner vide Document No.146 of 2024 (compared with the original) Ex.P4 is the photocopy of special power of attorney executed by 4th petitioner in favour of 1st petitioner vide Document No.145 of 2024 (compared with the original) Ex.P5 is the photocopy of special power of attorney executed by 5th petitioner in favour of 1st petitioner vide Document No.144 of 2024 (compared with the original) Ex.P6 is the photocopy of special power of attorney executed by 2nd petitioner in favour of 1st petitioner (compared with the original) Ex.P7 is the photocopy of statement of account standing in the name of Tallury Vijayaramayya in State Bank of India bearing No.00000010031058814 (compared with the original) Ex.P8 is the copy of paper publication effected in one issue in the Tamil daily “Makkal Kural” dated 30.01.2026. Ex.P9 is the photocopy of my Aadhaar card (compared with the original) Ex.P10 is the certificate under Section 63 (4)(c) of BSA for electronic documents. 13.07.2026 ay 6/7 https://www.mhc.tn.gov.in/judis O.P. No. 389 of 2025 DR.A.D.MARIA CLETE, J. AY OP No. 389 of 2025 13-07-2026 7/7 https://www.mhc.tn.gov.in/judis