R.Dhanalakshmi And 2 Others v. No Respondent
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 17.10.2024
CORAM
THE HONOURABLE MR.JUSTICE RMT.TEEKAA RAMAN
1. R.Dhanalakshmi
2. R.Manivannan
3. R.Vidya Lakshmi ...
Petitioners PRAYER: Original Petition filed under Section 372 of Indian Succession Act, 1925, read with Order XXV Rule 6 of Original Side Rules, praying that a Succession Certificate may be granted to the petitioners with the power to collect the debts and to receive the interest and dividends on and negotiate and transfer the securities specified in the schedule. For Petitioners : Ms.V.Alamelu
O R D E R
Original Petition filed under Section 372 of Indian Succession Act, 1925, read with Order XXV Rule 6 of Original Side Rules, praying that a Succession Certificate may be granted to the petitioners with the power to collect the debts and to receive the interest and dividends on and negotiate and transfer the securities specified in the schedule. 1 / 6
2. It is submitted by the learned counsel for the petitioners that Mr.S.Ramanujam, died on 13.11.2018, at Dr.Rabindran Clinic, No.96/212, MTH Road, Venkatapuram, Ambattur, Chennai 600053 and his ordinary place of residence was at No.33/4A, Old Bank of Baroda Street, Ambattur, Chennai 600 053. The deceased, Mr.S.Ramanujam, left behind his wife, R.Dhanalakshmi, one son, R.Manivannan and one daughter, R.Vidya Lakshmi, who are the petitioners herein and the Class-I legal heirs of the deceased. The parents of the deceased, Mr.S.Ramanujam, predeceased him.
3. It is further submitted by the learned counsel for the petitioners that the deceased, Mr.S.Ramanujam, during his lifetime, acquired equity shares from Cholamandalam Financial Holdings Limited. and Tube Investments of India Limited, as mentioned in the schedule. The deceased also held an amount in Savings Bank Account No.05330100000148 at Bank of Baroda, Ambattur, which is also specified in the schedule. The total value for which the succession certificate is required is of the value of Rs.1,46,14,531.50/-. The learned counsel for the petitioners further added that a Succession Certificate is necessary for the purpose of transferring the shares and the amount held in Savings Bank account of the deceased in favour of the petitioners herein. Hence, it is prayed that a succession certificate may be granted to the petitioners.
2 / 6
4. After following due procedure, the petitioners were invited to tender evidence. The 3rd petitioner, Ms.R.Vidya Lakshmi examined herself as P.W.1 and marked Exs.P1 to P14. Paper publication has been effected and the learned Master did not receive any objections.
5. In view of both oral and documentary evidences adduced before this Court, I find no impediment to grant succession certificate to the petitioners.
6. Hence, this Original Petition stands allowed. The Succession Certificate may be issued in favour of the petitioners in accordance with rules, with the power to collect the debts and to receive the interest and dividends and negotiate and transfer the securities specified in the schedule. Index :Yes/No 3 / 6
APPENDIX Petitioner's witness:
P.W.1 - Ms.R.Vidya Lakshmi Documents marked:
S.No Particulars Exhibits Photocopy of the Aadhar Card of Mrs.R.Dhanalakshmi in Aadhar No.4915 2167 5818 P1 Photocopy of the Aadhar Card of Mr.R.Manivannan in Aadhar No.3954 6808 9148 P2 Photocopy of the Aadaar Card of Mrs.R.Vidya Lakshmi in Aadhar No.3511 9322 0981. (Original Produced, verified and returned) P3 Downloaded copy of Death Certificate of S.Ramanujam Regisration No. D-2018 : 33 - 16405 - 00180 dated 03.07.2023 P4 Downloaded copy of Legal Heirship Certificate No.TN720181214674 of Late.S.Ramanujam dated 04.02.2019 P5 Photocopy of the Share certificate No.24169 issued by the Tube Investments of India Limited dated 01.09.2017 P6 Photocopy of the Share certificate No.24171 issued by the Tube Investments of India Limited dated 01.09.2017 P7 Photocopy of the Share certificate No.
24169 issued by the Cholamandalam Financial Holdings Limited dated 01.09.2017 P8 Photocopy of the Share certificate No.24171 issued by the Cholamandalam Financial Holdings Limited dated 01.09.2017 P9 Photocopy of the Savings Bank Account No.05330100000148 in Bank of Baroda, Ambattur OT Branch Chennai 600 053 of the deceased S.Ramanujam (Original produced, verified and returned) P10 Photocopy of the Family card of the Late.S.
S.No Particulars Exhibits M/s.Tube Investments of India Limited & Cholamandalam Financial Holdings Limited held by the deceased and market value as on 02.08.2023 by KFINTECH dated 02.08.2023 Downloaded copy of the Certificate of Incorporation pursuant to change of name issued by ROC, Chennai (For Schedule II) dated 27.02.2019 P13 Original paper publication of 'Makkal Kural' dated 04.07.2024 P14 5 / 6
RMT.TEEKAA RAMAN, J.
6 / 6