Securities Of Balakrishnan v.
IN THE HIGH COURT OF JUDICATURE AT MADRAS
(ORDINARY ORIGINAL CIVIL JURISDICTION) FRIDAY, THE 29TH DAY OF JUNE 2018 THE HON'BLE MR. JUSTICE N.SATHISH KUMAR O.P.No.100 of 2018 In the matter of Indian Succession Act XXXIX of 1925 and In the matter of securities of Balakrishan Decesed Intestate
1. B.Logeswari W/o. Late balakrisnan, No.23/19, Vaithyanathan Street, Shenoy Nagar, Chennai 30.
2. B.Sivakumar, S/o. Late balakrishnan, NO.9, Thiruvalluvar Street, Kennedy Squae, Thiru.Vi Ka Nagar, Perumbur, Chennai 11.
3. B.Muralidharan, S/o. Late Balakrishnan, No.31, 3rd Cross Street, Thirumalai Nagar Extension, Kolathur, Chennai 99.
4. B.Shanmugam, S/o. Late balakrishnan, No.16/9, Flat-B, Block 2, Rajus Serentiy, New Natarajapuram Street, Ayyavoo Colony, Aminijkarai, Chennai 29.
5. B.Malathi, D/o. Late Balakrishnan, W/o. K.Sathishkumar, No.23/19, Vaithyanathan Street, Shenoy Nagar, Chennai 30.
...Petitioners
Original petition Application praying that this Hon'ble Court be pleased to that a succession certificate may be granted to the 1st petitioner with the power to collect the securities and to receive the dividends thereon and negotiate and transfer the securities specified in the
schedule hereunder.
This Original Petition coming on this day before this court for hearing, the court made the following order: This Petition has been filed under Section 372 of the Indian Succession Act, 1925 read with Order XXV Rule 6 of the Madras High Court Original Side Rules, 1956 to grant succession certificate in favour of the first petitioner.
2. It is the case of the petitioners that the deceased Balakrishnan, died on 05.02.2016 and he was ordinarily residing at No.23, Vaithyanathan Street, Shenoy Nagar, Chennai 600 030. The first petitioner is the wife of the deceased Balakrishnan and petitioners 2 to 5 are the sons and daughter of the deceased. The deceased died intestate and though due and diligent search has been made for a Will, none has been found. According to the petitioners, they are the Class-I legal heirs of the deceased and are entitled to the share of the estate. The succession certificate is required for the purpose of transmission of shares. The said assets in respect of which the succession certificate is required is of the value of Rs.37,91,201/-. No application for a succession certificate in respect of any Shares or debt or securities belonging to the estate of the said deceased has been made to any District Court or delegate or to any High Court.
3. The petitioner examined herself as P.W.1 and marked Exs.P1 to P16.
(i)Ex.P1 is the computer generated death certificate of the deceased C.Balakrishnan, who died on 05.02.2016. (ii)Ex.P2 is the photocopy of the legal heirship certificate dated 22.04.2016 in respect of the first petitioner's deceased husband.
(iii)Ex.P3 to Ex.P9 are the photocopies of the share certificates held by the deceased husband C.Balakrishnan in
ITC Limited, Sundram Fasteners Limited and Gabriel India Limited.
(iv)Ex.P10 is the photocopy of the first petitioner's letter dated 21.06.2017 addressed to Investor Service Center, ITC Limited, Kaokata with regard to Transmission of share held by the deceased C.Balakrishnan.
(v).Ex.P11 is the photocopy of letter dated 04.07.2017 addressed to the first petitioner from Investor Service Center, ITC Limited, Kolkata asking for succession certificate from competent court of law.
(vi)Ex.P12 to Ex.P15 is the consent affidavit given by the other petitioners stating that they have no objection in granting succession certificate in favour of the first petitioner.
(vii)Ex.P16 is a copy of paper publication effected in one issue of Tamil Daily "Makkal Kural" dated 12.04.2018. She has further stated in her evidence that she has not filed any other petition before any other Court seeking the same relief.
4. Considering the averments made in the petition and the documents filed by the petitioners, I am satisfied that the petitioners have succeeded the Estate of the deceased C.Balakrishnan. Therefore, the petition is ordered as prayed for and a direction for grant of Succession Certificate to the first petitioner, with power to collect the securities specified in the schedule.
Sd/.N.S.K.J 29.06.2018 //Certified to be a true copy// Dated this the th day of 2018. KY/01.10.2018 COURT OFFICER From 25.09.2008 th e Registry is issuing certified copies of the Order/Judgment Decree in this format.