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Madras High CourtOP/108/2025allowed

Sandeep Murali And Another v. No Respondent

2026-06-23Honourable Dr.Justice A.D.Maria Clete6 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 23-06-2026

CORAM

THE HON'BLE DR.JUSTICE A.D.MARIA CLETE

1. Sandeep Murali, S/o.Late N.S.Murali, New No.10, Old No.22, Third Street, Royapettah High Road, Mylapore, Chennai - 600 004.

2. Uma Ram, W/o.Ram Rajagopalan, No.3/1, Second Street, Dr.Radhakrishnan Road, Mylapore, Chennai - 600 004.

..Petitioner(s) Vs No Respondent Nil ..Respondent(s) Prayer : Original Petition filed under section 372 of the Indian Succession Act to grant succession certificate to the petitioners with power to collect the securities and interest, dividends thereon and negotiate and transfer the securities specified in the schedule hereto Net Amount Rs.1,99,89,786/- Suc.duty of Rs.25,000/- paid on 19.02.2025.

For Petitioner(s):

Mr.T.Deeraj for M/s. PV Law Associates.

ORDER

This Original Petition has been filed under Section 372 of the Indian Succession Act, 1925 read with Order XXV Rule 6 of the Original Side Rules seeking grant of succession certificate in respect of the securities described in the schedule to the petition belonging to late Dr. N.S. Murali.

2. The case of the petitioners is that late Dr. N.S. Murali was ordinarily residing at New No.10, Old No.22, Third Street, Royapettah High Road, Mylapore, Chennai - 600004; that he died intestate on 05.05.2009; that his wife, namely Dr. Shyamala Murali, had predeceased him on 08.04.2009; and that the petitioners, being his daughter and son respectively, are the only surviving Class I legal heirs.

3. The petition further states that the deceased left behind securities in the form of shares in TVS Motor Company Limited, Sundaram Clayton Limited, TVS Holdings Limited, and WABCO India Limited, now known as ZF Commercial Vehicle Control Systems India Ltd., and that the total value of the said securities is Rs.1,99,89,786/-.

Since there is no respondent in the petition, the learned Master directed general paper publication. Publication was thereafter effected in one issue of Tamil daily "Maalai Murasu" dated 28.04.2025. The affidavit of service was filed. On 10.06.2025, the learned Master recorded that service had been completed and that no objection had been raised pursuant to the publication.

4. Before the learned Master, the first petitioner, Dr. Sandeep Murali, was examined as P.W.1 on 27.03.2026 and marked Exs.P1 to P11. Exs.P2 and P3 are the death certificates of Dr. Shyamala Murali and Dr. N.S. Murali. Ex.P9 is the legal heirship certificate dated 15.06.2009. The said certificate shows only two legal heirs, namely Dr. Uma Ram and Dr. Sandeep Murali, and also records that the wife of the deceased had predeceased him.

5. Exs.P1, P4 and P5 are the share certificates standing in the name of Dr. N.S. Murali. Exs.P6, P7 and P8 are the transmission / IEPF letters relating to TVS Motor Company Limited, TVS Holdings Limited and ZF Commercial Vehicle Control Systems India Ltd. Those documents show that the securities stood in the sole name of late Dr. N.S. Murali and that succession certificate is one of the documents required for effecting the claim.

6. On a careful consideration of the pleadings and the oral and documentary evidence, this Court is satisfied that late Dr. N.S. Murali died intestate, that his wife had predeceased him, and that the present two petitioners alone survive as his legal heirs.

7. In the above circumstances, this Court finds that the petitioners have established prima facie entitlement to the securities described in the schedule and that there is no legal impediment to grant of succession certificate in their favour.

8. In the result, this Original Petition is allowed. The petitioner is entitled to the value of the petition-mentioned assets and a direction for grant of Succession Certificate in favour of the petitioner with power to collect the debts and to receive the interest and dividends on and negotiate and for terminal benefits, if any, specified in the Schedule, as applicable till the date of withdrawal, is issued 23-06-2026 Index: Yes/No Speaking/Non-speaking order vrc

Petitioner Side Witnesses :

P.W.1 Mr.Sandeep Muarali Petitioner Side Documents :

Ex.P.1 : Copy of Share Certificate bearing No.003418 of Dr.N.S.Murali Ex.P.2 : Computer Generated death certificate Dr.Shyamala Murali Ex.P.3 : Death Certificate of Dr.N.S.Murali through Email dated 12.10.2021 Ex.P.4 : Copy of Share Certificate bearing No.010320 in the name of Dr.N.S.Muali Ex.P.5 : Copy of Share Certificate bearing No.003418 in the name of Dr.N.S.Murali Ex.P.6 : Copy of the letter of transmission of shares of Folio Nos.D06013 and 0253 Ex.P.7 : Copy of the letter of transmission of shares of Folio No.D00036 Ex.P.8 : Copy of letter of transmission of shares of Folio No.D00164 Ex.P.9 : Original legal heirship certificate of Murali Nateri Srinivasan Ex.P.10 : Copy of Paper Publication effected in Tamil Daily 'Malai Murasu' dated 28.04.2025 Ex.P.11 : Certificate under Section 63 [4] [C] of BSA 23.06.2026

DR.A.D.MARIA CLETE, J.

vrc 23-06-2026