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Madras High CourtOP/842/2023allowed

S.Jeyalakshmi And 2 Others v. No Respondent

2024-06-10Honourable Mr Justice C.V. Karthikeyan11 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 10.06.2024

CORAM

THE HONOURABLE MS.JUSTICE C.V.KARTHIKEYAN O.P. No. 842 of 2023 1.S.Jeyalakshmi 2.S.Srivatsan Bharadwaj 3.Srinidhi Nitin ... Petitioners PRAYER: Original Petition filed under Section 372 of the Indian Succession Act (XXXIX of 1925) read with Order XXV Rule 6 of the O.S. Rules to grant a Succession Certificate to the 1st petitioner with power to collect the debts and to receive the interest and dividends thereon and negotiate and transfer the securities as specified in the schedule hereto.

For Petitioners : M/s.Swaraj Associates

O R D E R

The petition has been filed seeking Succession Certificate relating to the securities in the name of the P.Santhanakrishnan, who died intestate on 19.11.2014. He was the husband of the 1st petitioner and

father of the 2nd and 3rd petitioners. The details of the securities had been given in the schedule to the petition.

2.

The 2nd and 3rd petitioners have given their consent and stated that the Succession Certificate may be issued in the name of the 1st petitioner.

3.

After following due procedure, the petitioners were directed to tender evidence and accordingly, the 1st petitioner examined herself as P.W.1, she marked the death certificate of her husband P.Santhanakrishnan as Ex.P2 and of her father-in-law and mother-in-law viz., R.Parthasarathy and Mrs.P.Jeyalakshmi as Exs.P1 and P3 respectively. The legal heirship certificate of P.Santhanakrishnan was marked as Ex.P4. The documents relating to the share certificates were marked as Exs.P7 - P55.

4.

Taking into consideration the nature of evidence recorded, the Original Petition stands allowed and Succession Certificate is directed to

be issued to the 1st petitioner with power to collect the debts and to receive the interest and dividends thereon and negotiate and transfer the securities as specified in the schedule hereunder on payment of appropriate succession duty, if not paid earlier. 10.06.2024 Index :Yes/No gsa APPENDIX Petitioner's witness:

P.W.1 - S.Jeyalakshmi Documents marked:

Ex.P1 Computer generated death certificate of Mr.R.Parthasarathy. Ex.P2 Computer generated death certificate of Mr.P.Santhanakrishnan.

Ex.P3 Computer generated death certificate of Mrs.P.Jeyalakshmi. Ex.P4 Photocopy of the legal heirship certificate of Ex.P5 Photocopy of my Aadhaar Card (Compared with the original).

Ex.P6 Photocopy of the Aadhaar Card of the third petitioner Ex.P7 Amrutanjan Limited standing in the name of Ex.P8 (Series 2 Nos) are the photocopies of share certificates in AVT Natural Products Limited standing in the name of Ex.P9 Photocopy of share certificates in Bimetal Bearings Limited Ex.P10 Centurian Bank Limited standing in the name of Ex.P11 Photocopy of share certificates in Chennai Super Kings Limited standing in the name of Mr.P.Santhanakrishnan Ex.P12 Dugar Finance Indian Limited standing in the name of Ex.P13 Photocopy of share certificates in EIH Associated Hotels Limited standing in the name of Mr.P.Santhanakrishnan Ex.P14 (Series 2 Nos) are the photocopies of share certificates in

Elgi Rubber International Limited standing in the name of Ex.P15 Photocopy of share certificates in Harrisons Malayalam Limited standing in the name of Mr.P.Santhanakrishnan Ex.P16 (Series 5 Nos) are the photocopies of share certificates in India Securities Limited standing in the name of Ex.P17 (Series 2 Nos) are the photocopies of share certificates in Insilco Limited standing in the name of Ex.P18 (Series 5 Nos) are the photocopies of share certificates in Karthikk Alloys Limited standing in the name of Ex.P19 Kesoram Industries Limited standing in the name of Ex.P20 Photocopy of share certificates in Kothari (Madras) Limited Ex.P21 Photocopy of share certificates in Kothari Sugars & Chemicals Limited standing in the name of Ex.P22 Photocopy of share certificates in Mardia Copper Products

Limited standing in the name of Mr.P.Santhanakrishnan Ex.P23 Photocopy of share certificates in McDowell & Co. Limited Ex.P24 Photocopy of letter dated 05.03.2021 sent by MM Rubber Company Limited to Mr.P.Santhanakrishnan in respect of equity shares held by him (Compared with the original). Ex.P25 Photocopy of share certificate in Nagarjuna Fertilizers Chemicals Limited standing in the name of Ex.P26 (Series 7 Nos) are the photocopies of share certificates in Narendra Properties Limited standing in the name of Ex.P27 Photocopy of share certificate in NCL Industries Limited Ex.P28 Photocopy of share certificate in Oil Country Tubular Limited standing in the name of Mr.P.Santhanakrishnan Ex.P29 Photocopy of share certificate in Orchid Chemicals & Pharmaceuticals Limited standing in the name of Ex.P30 Photocopy of share certificate in Pharmasia Limited

Ex.P31 (Series 2 Nos) are the photocopies of share certificates in Rajasthan Spinning & Weaving Mills Limited standing in the name of Mr.P.Santhanakrishnan (Compared with the originals).

Ex.P32 Photocopy of share certificate in Raymond Synthetics Limited standing in the name of Mr.P.Santhanakrishnan Ex.P33 (Series 5 Nos) are the photocopies of share certificates in Sakthi Sugars Limited standing in the name of Ex.P34 (Series 2 Nos) are the photocopies of share certificates in Seshasayee Paper and Boards Limited standing in the name of Mr.P.Santhanakrishnan (Compared with the originals). Ex.P35 Shriram Transport Finance Company Limited standing in the name of Mr.P.Santhanakrishnan (Compared with the originals).

Ex.P36 (Series 2 Nos) are the photocopies of share certificates in S.I. Capital & Financial Service Limited standing in the name of Mr.P.Santhanakrishnan (Compared with the originals).

Ex.P37 Photocopy of share certificate in SRF Limited standing in the name of Mr.P.Santhanakrishnan (Compared with the original).

Ex.P38 Photocopy of share certificate in Sudarshan Chemical Industries Limited standing in the name of Ex.P39 Sun Source (India) Limited standing in the name of Ex.P40 Photocopy of share certificate in Surya Roshni Limited Ex.P41 Photocopy of share certificate in TATA Timken Limited Ex.P42 TCFC Finance Limited standing in the name of Ex.P43 the India Cements Limited standing in the name of Ex.P44 Photocopy of share certificate in The Indian Card Clothing Co. Limited standing in the name of Mr.P.Santhanakrishnan

Ex.P45 (Series 2 Nos) are the photocopies of share certificates in K.C.P. Limited standing in the name of Ex.P46 (Series 2 Nos) are the photocopies of share certificates in The Karur Vysya Bank Limited standing in the name of Ex.P47 (Series 4 Nos) are the photocopies of share certificates in Unit Trust of India Limited standing in the name of Ex.P48 Photocopy of share certificate in United Spirits Limited Ex.P49 Videocon International Limited standing in the name of Ex.P50 Photocopy of share certificate in Videocon Narmada Electronics Limited standing in the name of Ex.P51 Photocopy of share certificate in Birla Types Limited Ex.P52 Photocopy of share certificate in India Metals & Ferro Alloys Limited standing in the name of

Ex.P53 Kesoram Industries Limited standing in the name of Ex.P54 (Series 2 Nos) are the photocopies of share certificates in Pioneer Leasing (India) Limited standing in the name of Ex.P55 Photocopy of share certificate in Reliance Enterprises Limited standing in the name of Mr.P.Santhanakrishnan Ex.P56 Copy of the paper publication effected in one issue of Tamil Daily "Makkal Kural" dated 21.02.2024.

10.06.2024 gsa

C.V.KARTHIKEYAN,J.

Gsa O.P. No. 842 of 2023 10.06.2024