Mrs. Seetha A Raman And 9 Others v. No Respondent

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 13.02.2023

CORAM

THE HONOURABLE MR.JUSTICE SENTHILKUMAR RAMAMOORTHY 1.Mrs.Seetha A Raman D/o. P.S.Padmanabhan

2. Mr.P.Vasanthakumar, S/o.P.S.Padmanabhan

3. Mr.P.Krishnamurthi, S/o.P.S.Padmanabhan 71, Neville Court, 8 Abbey Road, St. Johns Wood, London NW8 9DB, United Kingdom Represented by his Power Agent, P.Hariharan/5th petitioner herein, 50/197D, PRA 194, Sahyadri, Ponevazhi New Cross Road, AIMS Ponekkara Post, Cochin-682 041, Kerala.

4.Mr.P.Chandrasekhar, S/o.P.S.Padmanabhan 5.Mr.P.Hariharan, S/o.P.S.Padmanabhan

6. Mr.P.Balasubramanian S/o.P.S.Padmanabhan 1/8

520, Jelapang Road, #04-283, Singapore-670520 Represented by his Power Agent P.Hariharan/5th Petitioner herein Sahyadri, Ponevazhi New Cross Road, AIMS Ponekkara Post, Cochin-682041, Kerala.

7. Mrs.Latha N.Sarma @ Latha N Sharma D/o.P.S.Padmanabhan

8. Mrs.Radha Parameswaran D/o.P.S.Padmanabhan 12 Deer Meadow Court, Danville. CA94506 U.S.A. Represented by her Power Agent, P.Hariharan/5th Petitioner herein 50/197D, PRA 194, Sahyadri, Ponevazhi New Cross Road, AIMS Ponekkara Post, Cochin-682 041, Kerala.

9. Mr.P.Ramamurti @ P.Ramamoorthi, S/o.P.S.Padmanabhan

10. Mr.P.Vishwanathan @ P.Vishwanath, S/o.P.S.Padmanabhan, 1, Loker Street, Wayland, MA0778, U.S.A. Represented by his Power Agent, P.Hariharan/5th Petitioner herein 50/197D, PRA 194, Sahyadri, Ponevazhi New Cross Road, AIMS Ponekkara Post, Cochin -682041, Kerala.

... Petitioners 2/8

PRAYER: Original Petition filed for Succession Certificate in respect of shares belong the deceased P.S.Padmanabhan and Savithri Padmanabhan under Section 372 Part X of the Indian Succession Act read with Order XXV Rule 6 of the Madras High Court Original Side Rules, pleased to grant succession certificate to the 5th petitioner with power to collect the Securities, and interest, dividends thereon and negotiate and transfer the Securities specified in the schedule hereto.

For Petitioner : Mr.M.Suresh **********

ORDER

The petitioners seek the grant of succession certificate in respect of the estate of their deceased parents, P.S.Padmanabhan and Savithri Padmanabhan.

2. The petitioners assert that their late father died intestate at Anna Nagar, Chennai, which is within the jurisdiction of this Court, on 27.07.1994. The petitioners' mother also died intestate on 31.01.1986. The petitioners' paternal grandmother pre-deceased him. Consequently, on the basis that the petitioners are the only class I legal heirs of the deceased, the present petition is filed.

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3. For purposes of establishing entitlement to the relief claimed, the petitioners adduced evidence by examining the fifth petitioner as PW1. In course of the examination-in-chief of PW1, the 18 documents listed at the foot of this order were exhibited as Exs.P1 to P18. The death certificate of the father of the petitioners (Ex.P1) discloses that he died on 27.07.1994. The death certificate of the petitioners' mother (Ex.P3) discloses that she died on 31.01.1986. The legal heirship certificate in respect of the petitioner's father discloses the names of the ten petitioners herein as the surviving class I legal heirs. It also records that his parents and wife predeceased him. The consent affidavits of the first, second, fourth, seventh and ninth petitioners are on record. In addition, powers of attorney executed by the third, sixth, eighth and tenth petitioners in favour of the fifth petitioner are on record. Paper publication was effected (Exs.P17). As evidence of title of the deceased parents of the petitioners to the relevant securities, Exs.P4 to P7 and P18 are placed on record.

4. On the basis of the assertions in the petition and evidence adduced by the petitioners, the petitioners are entitled to the relief claimed. 4/8

Consequently, O.P.No.358 of 2022 is allowed by directing that a succession certificate be issued to the fifth petitioner in respect of the securities described in the schedule to the petition. As a corollary, the fifth petitioner shall be entitled to collect the securities, receive dividends thereon and negotiate and transfer the same.

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13.02.2023 kal Index : Yes / No Petitioners' witness:

P.W.1 - Mr.P.Hariharan Documents exhibited by the petitioners:

Exhibits Documents Ex.P1 The photocopy of the death certificate of Mr.P.S.Padmanabhan (Compared with the original). Ex.P2 The photocopy of the Legal Heirship certificate of P.S.Padmanabhan along with the proceedings of the Tahsildar dated 06.08.2004 issued by the Tahsildar, Egmore, Nungambakkam Taluk, Chennai-31 (Compared with the original)..

Ex.P3 The photocopy of the death certiicate of Savithri Padmanabhan (Compared with the original).

Ex.P4 The original letter dated 03.01.2018 sent by the ITC Limited 5/8

Exhibits Documents to the 5th petitioner regarding the transmission of shares. Ex.P5 The original valuation certificate dated 09.12.2021 issued by the Chartered Accountant in respect of the shares held by Mr.P.S.Padmanabhan and Mrs.Savithri Padmanabhan (No valuation certificate is produced to show the exact value of shares of Mr.P.S.Padmanabhan predeceased separately. Counsel states that P.Savithri Pdmanabhan predeceased P.S.Padmanabhan, therefore separate valuation certificate is not necessary. Marked subject to its proof and relevancy. The same will be decided later) Ex.P6 The e-mail dated 24.12.2020 sent by the ITC Limited to the 9th petitioner along with the 65B certificate. Ex.P7 (series 9 Nos.) are the photocopies of the share certificates of I.T.C. Limited standing in the name of Pallavoor Sahasranama Iyer Padmanabhan (Compared with the originals). Ex.P8 The consent affidavit given by the 1st petitioner. Ex.P9 The consent affidavit given by the 2nd petitioner.. Ex.P10 The original specific power of attorney dated 15.12.2021 executed by the 3rd petitioner in my favour.

Ex.P11 The consent affidavit given by the 4th petitioner. Ex.P12 The original deed of general power of attorney dated 18.02.2022 by the 6th petitioner in my favour. Ex.P13 The consent affidavit given by the 7th petitioner. Ex.P14 The original deed of general power of attorney dated 23.01.2022 by the 8th petitioner in my favour. Ex.P15 The consent affidavit given by the 9th petitioner. Ex.P16 The original deed of general power of attorney dated 30.09.2021 by the 10th petitioner in my favour Ex.P17 The copy of paper publication effected in one issue of Tamil daily "Makkal Kural" dated 12.10.2022.

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Exhibits Documents Ex.P18 (Series 6 Nos) are the photocopies of the share certificates issued by I.T.C. Limited which stand in the name of Mrs.Savithiri Padmanabhan (Compared with the original) 13.02.2023 kal SENTHILKUMAR RAMAMOORTHY,J kal 7/8

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