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Madras High CourtOP/410/2022ordered

Sharda Bhattad @ Saradha Devi v. Aarthi Mundada @ Arathi And 3 Others

2023-04-26Honourable Mr Justice K.Kumaresh Babu5 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 26.04.2023

CORAM

THE HONOURABLE MR.JUSTICE K.KUMARESH BABU Sharda Bhattad @ Saradha Devi ... Petitioner Vs 1.Aarthi Mundada @ Arathi 2.Deepak Bhattad 3.Vandana Bhattad @ Vandana 4.Rukmadevi Bhattad @ Rukmadevi ... Respondents 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 Petitioner with powers to collect the securities and to receive the interest and dividends on and negotiate and transfer/ transmission of the securities as specified in the schedule annexed hereto.

For Petitioner : Mr.P.Srinivasan For Respondents : Mr.R.Vijayakumar

ORDER

The petitioner seeks Succession Certificate in respect of the securities held by Laxminarayan @ Lakshmi Narayanan Bhattad, who died intestate on 26.09.2005. The petitioner is the wife, the first and third respondent are the 1/5

daughters, second respondent is the son and the fourth respondent is the mother of the deceased Laxminarayan @ Lakshmi Narayanan Bhattad.

2. The petitioner has been examined as P.W.1. She has produced the death certificate of the deceased Laxminarayan @ Lakshmi Narayanan Bhattad, as Ex. P1, and the legal heirship certificate of the deceased as Ex.P2. A perusal of Ex.P2 shows that the petitioner and the respondents are the only legal heirs of the deceased. The respondents have given their consent and the same has been marked as, Exs.P17 to P20. 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 petitioner since the respondents one to four have signified their consent for the grant, in respect of the securities mentioned in the schedule to the petition.

gba Index :Yes/No Speaking: Yes/ No 2/5

Petitioner's witness:

P.W.1 - Mrs.Sharda Bhattad @ saradha Devi Documents exhibited by the petitioners:

Exhibits Documents Ex.P1 Computer generated death certificate of Mr.B.Lakshmi Narayanan Bhattad Ex.P2 Photocopy of the legal heirship certificate of B.Lakshmi Narayanan Bhattad Ex.P3 Photocopy of the petitioner's Aadhar card Ex.P4 Original Audited share valuation certificate dated 24.01.2022 issued by an Auditor by name Omprakash & Co., Chartered Accountants Ex.P5 Photocopy of the Equity Share certificate of M/s.Jindal Agro Chem Limited bearing Folio No:B1489843 and certificate No.732875 standing in the name of Mr.B.Lakshmi Narayanan Bhattad Ex.P6 Photocopy of the Equity Share certificate of M/s.Jindal Agro Chem Limited bearing Folio No:B1489843 and certificate No.1638490 standing in the name of Mr.B.Lakshmi Narayanan Bhattad Ex.P7 Photocopy of the Equity Share certificate of M/s.

Jindal Agro Chem Limited bearing Folio No:B1489843 and certificate No.2479232 standing in the name of Mr.B.Lakshmi Narayanan Bhattad EX.P8 Photocopy of the Equity Share certificate of M/s.Jindal Agro Chem Limited bearing Folio No:B1489843 and certificate No.2479233 standing in the name of Mr.B.Lakshmi Narayanan Bhattad Ex.P9 Photocopy of the Equity Share certificate of M/s.Southern Petrochemical Industries Corporation Limited (SPIC) bearing Folio No:EL001580 & certificate No.387913 Ex.P10 Photocopy of the Equity Share certificate of M/s.

Exhibits Documents Limited bearing Folio No:46410 and certificate No.613621 standing in the name of Mr.B.Lakshmi Narayanan Ex.P11 Photocopy of the Equity Share certificate of M/s.Jindal Stainless Limited bearing Folio No:46410 and certificate No.403681 standing in the name of Mr.B.Lakshmi Narayanan Ex.P12 Photocopy of the Equity Share certificate of M/s.Jindal Stainless Limited bearing Folio No:46410 and certificate No.404353 standing in the name of Mr.B.Lakshmi Narayanan Ex.P13 Photocopy of the Equity Share certificate of M/s.Jindal Steel and Power Limited bearing Folio No:46410 and certificate No.214193 standing in the name of Mr.B.Lakshmi Narayanan Ex.P14 Photocopy of the Equity Share certificate of M/s.Jindal Steel and Power Limited bearing Folio No:46410 and certificate No.502365 standing in the name of Mr.B.Lakshmi Narayanan Ex.

P15 Photocopy of the Equity Share certificate of M/s.Jindal Steel (Hisar) Limited bearing Folio No:0046410 and certificate No.700734 standing in the name of Mr.B.Lakshmi Narayanan Ex.P16 Photocopy of the dividend certificate of M/s.Jindl Steel and Power Ltd. standing in the name of Mr.Lakshmi Narayanan that the original has been misplaced by the deceased, and the petitioner is unable to find out the same, hence photocopy is marked. This document is marked subject to its admissibility, proof and relevancy Ex.P17 Consent affidavit given by the 1st respondent Ex.P18 Consent affidavit given by the 2nd respondent Ex.P19 Consent affidavit given by the 3rd respondent Ex.P20 Consent affidavit given by the 4th respondent Ex.P21 Copy of paper publication effected in one issue of Tamil daily "Maalai Sudar' dated 25.11.

gba K.KUMARESH BABU,J.

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