An.Visalakshi And 3 Others v. No Respondent

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 26.04.2023

CORAM

THE HONOURABLE MR.JUSTICE K.KUMARESH BABU 1.A.N.Visalakshi 2.A.Ramesh Palaniappan 3.M.Shenbaga Meena 4.M.Nithya Alagammai ... Petitioners PRAYER: Original Petition filed for Succession Certificate under Section 372 of Indian Succession Act, 1925 under Order XXV Rule 6 of Original Side Rules, prays that a Succession Certificate may be granted in favour of the 1st Petitioner with powers to collect the securities and to receive the interest and dividends on and negotiate and transfer the securities/ shares as specified in the schedule annexed hereto.

For Petitioners : Ms.S.Bhargavi

ORDER

The petitioners seek Succession Certificate in respect of the securities held by A.A.P.Annamalai, who died intestate on 05.07.2014. The first petitioner is the wife, second petitioner is the son, third and fourth petitioners are the daughters of the deceased A.A.P.Annamalai. 1/5

2. The first petitioner has been examined as P.W.1. She has produced the death certificate of the deceased A.A.P.Annamalai, as Ex.P16, and the legal heirship certificate of the deceased as Ex.P18. A perusal of Ex.P18 shows that the petitioners are the only legal heirs of the deceased. The second, third and fourth petitioners have given their consent affidavit expressing their no objection for the grant of succession which is marked as Exs.P21 to P23. A paper publication has been made and any objections have not been received.

3. In view of the above said evidence, the Original Petition is allowed by granting Succession Certificate in favour of the first petitioner since the petitioners two to four have signified their consent for the grant, in respect of the securities mentioned in the schedule to the petition. Index :Yes/No Speaking: Yes/ No Petitioner's witness:

P.W.1 - Mrs.A.N.Visalakshi 2/5

Documents exhibited by the petitioners:

Exhibits Documents Ex.P1 (Series 2 Nos) are the photocopies of the Share Certificates in Ambalal Sarabhai held by A.A.P.Annamalai Ex.P2 (Series 2 Nos) are the photocopies of the Share Certificates in Sakthi Finance Ltd., held by A.A.P.Annamalai Ex.P3 Photocopy of the Share Certificates in Kilburn Engineering Ltd. held by A.A.P.Annamalai Ex.P4 Photocopy of the Share Certificates in Ashiana Agro Industries Ltd held by A.A.P.Annamalai Ex.P5 Photocopy of the Share Certificates in Advanced Medical Care Ltd., held by A.A.P.Annamalai Ex.P6 Photocopy of the Share Certificates in Goldstar Remedies Ltd., held by A.A.P.Annamalai Ex.P7 Photocopy of the Share Certificates in Ajanta Soya Ltd., held by A.A.P.Annamalai EX.P8 Photocopy of the Share Certificates in Kirloskar Ferrous Industries Ltd. held by A.A.P.Annamalai Ex.

P9 Photocopy of the Share Certificates in Indocount Finance & Leasing Ltd. held by A.A.P.Annamalai Ex.P10 Photocopy of the Share Certificates in Nicholas Piramal Ltd. held by A.A.P.Annamalai Ex.P11 Photocopy of the Share Certificates in Pricol Ltd. held by A.A.P.Annamalai Ex.P12 Photocopy of the Share Certificates in Manali Petrochemical Ltd. held by A.A.P.Annamalai Ex.P13 (Series 2 Nos) are the photocopies of the Share Certificates in Premier Instrument & Controls Limited held by A.A.P.

Exhibits Documents Ex.P14 Photocopy of the letter dated 16.12.2020 from Fintech regarding shares of Hindustan Lever Ltd held by A.A.P.Annamalai addressed to the 1st petitioner Ex.P15 (Series 11 Nos) are the photocopies of the Share Certificates in Loyal Textile Mills Ltd., held by A.A.P.Annamalai Ex.P16 Original death certificate of A.A.P.Annamalai Ex.P17 Photocopy of property tax demand card of A.A.P.Annamalai Ex.P18 Original legal heir certificate of A.A.P.Annamalai Ex.P19 Online printed showing the market value of the shares held by A.A.P.Annamalai Ex.P20 Photocopy of 1st petitioner's Aadhaar card Ex.P21 Consent affidavit given by the 2nd petitioner Ex.P22 Consent affidavit given by the 3rd petitioner Ex.P23 Consent affidavit given by the 4th petitioner Ex.P24 Copy of paper publication effected in one issue of Tamil daily "Makkal Kural" dated 12.02.2023 4/5

K.KUMARESH BABU,J.

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