S.Rakesh Kumar v. Leela Bai And 6 Others
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 01.04.2024
CORAM
THE HONOURABLE MS.JUSTICE C.V.KARTHIKEYAN S. Rakesh Kumar ... Petitioner Vs.
1.Leela Bai 2.Hasmukhchand 3.Sangita D.Jain 4.Seema A.Jain 5.Hemanth S.Bhopal 6.Harsh H.Bhopal 7.Manthn H.Bhopal ... 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 to the petitioner with power to collect the securities and to receive the interest and dividends thereon and negotiate and transfer the securities specified in the Schedule hereto.
For Petitioner : Mr. S.Nambirajan 1/6
O R D E R
This Original Petition has been filed under section 372 of the Indian Succession Act, 1925 for seeking issuance of Succession Certificate of the deceased Sohanraj B.Doshi, who is the father of the petitioner herein. 2.
The 1st respondent is the wife of the deceased and respondents 2 to 7 are sons and daughters of the deceased. Here it is stated that the deceased had shares in Reliance Industries Ltd., Reliance Power, Reliance Capital and Reliance Infrastructure. The details have been given in the petition. 3.
The respondents have filed their consent affidavit. 4.
The matter had been referred to the Master for recording evidence. During the course of evidence, the petitioner has been examined as P.W.1 and Exs.P1 to P16 have been marked.
5.
In view of the fact that the evidence have been produced to establish the case of the petitioner, the Original Petition stands allowed and the Succession Certificate shall be issued in favour of the petitioner, with power to collect the securities and to receive the interest and dividends thereon and 2/6
negotiate and transfer the securities specified in the Schedule hereunder on payment of appropriate succession duty, if not paid earlier. Index :Yes/No APPENDIX Petitioner's witness:
P.W.1 - Mr.S.Rakesh Kumar Documents marked:
Ex.P1 The computer generated death certificate of Mr.B.Sohanraj Doshi Ex.P2 Photocopy of the legal heirship certificate of Mr.B.Sohanraj (compared with the original).
Ex.P3 Photocopy of the letter dated 15.05.2019 sent by Karvy Computer share Private Limited asking for succession certificate from the competent court of law (compared with the original).
Ex.P4 Photocopy of the letter dated 24.08.2019 addressed to Karvy Fin Tech Pvt Ltd with regard to transfer of shares held by Mr. 3/6
Sohanraj B. Doshi (Compared with the original). Ex.P5 Photocopy of the share certificate in Reliance Industries Limited bearing certificate No.62546974 standing in the name of Mr. Sohanraj B. Doshi (Compared with the original). Ex.P6 Photocopy of the share certificate in Reliance Industries Limited bearing certificate No.66822196 standing in the name of Mr. Sohanraj B. Doshi (Compared with the original). Ex.P7 Photocopy of the share certificate in Reliance Capital bearing certificate No.016653634 standing in the name of Mr. Sohanraj B. Doshi (Compared with the original). Ex.P8 Photocopy of my Aadhaar Card (Compared with the original). Ex.P9 Photocopy of the Aadhaar Card of the first respondent (Compared with the original).
Ex.P10 Photocopy of the Aadhaar Card of the second respondent (Compared with the original).
Ex.P11 Photocopy of the Aadhaar Card of the third respondent (Compared with the original).
Ex.P12 Photocopy of the Aadhaar Card of the fourth respondent (Compared with the original).
Ex.P13 Photocopy of the Aadhaar Card of the fifth respondent (Compared with the original).
Ex.P14 Photocopy of the Aadhaar Card of the sixth respondent (Compared with the original).
Ex.P15 Photocopy of the Aadhaar Card of the seventh respondent (Compared with the original).
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Ex.P16 Copy of the paper publication effected in one issue of Tamily Daily "Makkal Kural" dated 15.07.2023.
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C.V.KARTHIKEYAN, J.
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