Mrs.Prasanna Hari C.P And 2 Others v. No Respondent

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 14.10.2024

CORAM

THE HONOURABLE MR.JUSTICE RMT.TEEKAA RAMAN

1. C.P.Prasanna Hari

2. Sandhya Hari

3. Surej Hari ...

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 power to collect the debts and to receive the interest and dividends there on and negotiate and transfer the securities specified in the schedule. For Petitioners : Mr.Nanchill J. Rajkumar

O R D E R

This 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 power to collect 1/5

the debts and to receive the interest and dividends there on and negotiate and transfer the securities specified in the schedule.

2. It is submitted by the learned counsel for the petitioner that Mr.V.Haridas died intestate on 22.12.2009, at his ordinary place of residence, No.5, Bharathi Street, Kaveri Nagar, Saidapet, Chennai 600 015. At the time of his death, he left the property specified in the schedule. The deceased, Mr.V.Haridas left behind his wife, daughter and son who are the petitioners herein. The petitioners herein are the Class-1 Legal Heirs of the deceased Mr.V.Haridas. The father of Mr.V.Haridass passed away on 06.03.2020 and his mother predeceased him.

3. It is further submitted by the learned counsel for the petitioners that the property left behind by the deceased Mr.V.Haridas is the shares in Apollo Hospital Enterprises and the present market value of the share is Rs.6,23,135/-. Therefore the amount for which the succession certificate is required is valued at Rs.6,23,135/-. The learned counsel for the petitioner added that the succession certificate is necessary for the purpose of transferring share certificates described in the schedule in the name of the petitioners, as the deceased Mr.V.Haridas did not nominate any person on the share certificate. 2/5

4. After following due procedure, the petitioners were invited to tender evidence. The first petitioner, Mrs.C.P.Prasanna Hari has examined herself as P.W.1 and marked Exs.P1 to P9.

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 the rules, with power to collect the debts and to receive the interest and dividends thereon and negotiate and transfer the securities specified in the schedule. Index :Yes/No APPENDIX Petitioner's witness:

P.W.1 - Mrs.C.P.Prasanna Hari 3/5

Documents marked:

S.No Particulars Exhibits Photocopy of the Aadhar Card of the petitioner. (Compared with the original) P1 Photocopy of the Aadhar Card of the second petitioner P2 Photocopy of the Aadhar Card of the third petitioner (Compared with the original) P3 Photocopy of the Apollo Hospital Enterprise Ltd, Old Share Certificate No.17359 dated 30.04.1983. (Compared with the original) P4 Photocopy of the death certificate of Late V.Haridas dated 06.02.2024 P5 Photocopy of the legal certificate of Late V.Haridas dated 08.03.2010 P6 Apollo Hospital Enterprise Limited New Share Certificate INE437A01024 dated 04.09.2010 P7 Photocopy of the death certificate of C.Prabhakaran dated 18.03.2020 P8 Printout of the letter through E-Mail from Intergrated Registry Management Services dated 02.02.2024. (Certificate u/s 65B of I.E. Act produced) P9 4/5

RMT.TEEKAA RAMAN, J.

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