V.K.Gowri Sankar v. No Respondent
IN THE HIGH COURT OF JUDICATURE AT MADRAS
Dated : 24.01.2025 Coram:
THE HONOURABLE Dr. JUSTICE G.JAYACHANDRAN Original Petition No.305 of 2024 V.K.Gowri Sankar ... Petitioner Prayer: Original Petition has been filed under Section 372 of the Indian Succession Act 1925 read with Order XXV Rule 6 of Original Side Rules, seeking for grant of a Succession Certificate to the Petitioner 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;
For Petitioner : Mr.R.Ganesh Kumar ****
O R D E R
The Original Petition has been filed under Sections 372 of the Indian Succession Act 1925 read with Order XXV Rule 6 of Original Side Rules, seeking for issuance of a Succession Certificate to the Petitioner 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
2.
Mr.V.B.Kumaravel, the father of the petitioner, died intestate on 11.10.2020, leaving behind his son, the petitioner herein, as the sole Class I heir. His wife, V.K.Rajeswari, predeceased him. Except for the petitioner, there are no other Class I heirs to inherit the estate of the deceased V.B.Kumaravel. During his lifetime, V.B.Kumaravel acquired securities in the form of shares in Tube Investments of India Limited and Cholamandalam Financial Holdings Limited, which are more fully described in the schedule annexed to the petition. On the death of V.B.Kumaravel, the petitioner, being the sole surviving legal heir is entitled to deal with the shares mentioned in the schedule and apply for the Succession Certificate, as V.B.Kumaravel died intestate, leaving the petitioner as his sole surviving legal heir.
3.
To substantiate the claim and the averments, the petitioner has raised the witness box and marked the following 8 documents, which were marked as Ex.P1 to Ex.P8:- Ex.P.1 Photocopy of the share certificate bearing certificate No.24303 of Tube Investments of India Limited stands in the name of Mr.Vellore Balasubramaniam Kumaravel
Ex.P.2 Photocopy of the share certificate bearing certificate No.24303 issued by TI Financial Holdings Limited presently Cholamandalam Financial Holdings Limited stands in the name of Mr.Vellore Balasubramaniam Kumaravel Ex.P.3 Computer generated death certificate of Mr.V.B.Kumaravel Ex.P.4 Computer generated death certificate of Mrs.V.K.Rajeswari Ex.P.5 Computer generated legal heir ship certificate of Mr.V.B.Kumaravel Ex.P.6 Photocopy of my Aadhaar Card Ex.P.7 Copy of the paper publication effected in one issue of Tamil daily "Makkal Kural" dated 26.08.2024.
Ex.P.8 Certificate under Section 65 B of the Indian Evidence Act, 1872
4. The paper publication inviting objections from the general public had not revoked any objection or response. From the documents relied by the petitioner, it is established that he is the sole surviving legal heir of V.B.Kumaravel and that the shares mentioned in the schedule were acquired by V.B.Kumaravel during his lifetime. Ex.P.1 and Ex.P2, which are the share certificates and Ex.P.3, the death certificate, along with other exhibits, confirm this fact. These documents indicate that there is no legal impediment for granting the Succession certificate in favour of the petitioner.
5. Hence, this Original Petition stands Allowed. A Succession Certificate is issued in favour of the petitioner, enabling him to collect the securities, receive
interest and dividends and negotiate and transfer the securities specified in the schedule hereto. The petitioner is directed to render the account within one year from the date of grant of Succession Certificate. 24.01.2025 Index: Yes/No.
Internet : Yes/No.
rpl Petitioner's witness:
P.W.1 -V.K.Gowri Sankar Documents marked:
Ex.P.1 Photocopy of the share certificate bearing certificate No.24303 of Tube Investments of India Limited stands in the name of Mr.Vellore Balasubramaniam Kumaravel Ex.P.2 Photocopy of the share certificate bearing certificate No.24303 issued by TI Financial Holdings Limited presently Cholamandalam Financial Holdings Limited stands in the name of Mr.Vellore Balasubramaniam Kumaravel Ex.P.3 Computer generated death certificate of Mr.V.B.Kumaravel Ex.P.4 Computer generated death certificate of Mrs.V.K.Rajeswari Ex.P.5 Computer generated legal heir ship certificate of Mr.V.B.Kumaravel Ex.P.6 Photocopy of my Aadhaar Card Ex.P.7 Copy of the paper publication effected in one issue of Tamil daily "Makkal Kural" dated 26.08.2024.
Ex.P.8 Certificate under Section 65 B of the Indian Evidence Act, 1872 24.01.2025
Dr.G.JAYACHANDRAN, J.
rpl Original Petition No.305 of 2024 24.01.2025