Gaurang Narendra Shah And 5 Others v. No Respondent
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 17.04.2025
CORAM
THE HONOURABLE MR.JUSTICE K.KUMARESH BABU 1.Mr.Gaurang Narendra Shah 2.Mr.Chetan N Shah 3.Mrs.Seema Shah 4.Mr.Pakshaal S Shah 5.Ms.Priyal S Shah 6.Mrs.Pallavimukesh Parikh
...Petitioners
PRAYER: Original Petition filed under Section 372 of Indian Succession Act read with Order XXV, Rule 6 of the Madras High Court Original Side Rules, prays that a Succession Certificate may be granted to the 3rd petitioner Mrs.Seema Shah wife of SalilShah with power to collect the debts and to receive the interest and dividends on and negotiate and transfer the securities specified in the schedule hereto.
For Petitioners : Mr.D.Parthiban
ORDER
The petitioners seek Succession Certificate in favour of the third petitioner in respect of the securities held by Late.Mrs.Savita Narendra Shah, who died intestate on 20.05.2010. The 1st, 2nd and 6th petitioners are the children of the deceased, whereas the petitioners 3 to 5 are the legal heirs of Late.Mr.Salil Shah the son of deceased, who died on 03.06.2024. The 1/5
husband of the deceased Late.Mr.Narendra Shah had predeceased her on 10.08.1988.
2. The third petitioner has been examined as PW1. She has produced the computer generated death certificates of the deceased Late.Mrs.Savita Narendra Shah, the husband of deceased Late.Mr.Narendra Shah and son of the deceased Late.Mr.Salil Shah as Ex.P1, Ex.P3 and Ex.P11. The legal heirship certificates of the deceased and her son Late.Mr.Salil Shah have been marked as Ex.P4 and Ex.P12 respectively. A perusal of Ex.P4 shows that the petitioners 1, 2 and 6 along with the Late.Mr.Shalil Shah were the legal heirs of the deceased and from Ex.P12 it is clear that the petitioners 3 to 5 are the legal heirs of Late.Mr.Shalil Shah the deceased son of Late.Mrs.Savita Narendra Shah. A general paper publication has been made and no objections have been received for the same.
3. The assertions in the petition have been duly proved by adducing oral evidence supported by documents. In these circumstances, the petitioners are entitled to the relief.
4. In view of the above evidence, the Original Petition is allowed granting Succession Certificate in favour of the third petitioner, with the 2/5
power to collect the securities and receive the interest and dividends mentioned in the schedule to the petition.
kak Index :Yes/No Petitioner's witness:
P.W.1 - Mrs.Seema Shah Documents exhibited by the petitioner:
Exhibits Documents Ex.P1 Online copy of the Death certificate of Mr.Narendra Shah dated 12.03.2024.
Ex.P2 Photocopy of the Share Certificate dated 24.06.2017. (Original produced, compared and returned) Ex.P3 Online copy of the Death certificate of Mrs.Savita Narendra Shah dated 12.03.2024.
Ex.P4 Photocopy of the Legal heir certificate of Savita Narendra Shah dated 15.12.2010.(Original produced, compared and returned) Ex.P5 Photocopy of the Aadhaar card of 1st petitioner.(Original produced, compared and returned) Ex.P6 Photocopy of the Aadhaar card of 2nd petitioner.(Original produced, compared and returned) Ex.P7 Photocopy of the Aadhaar card of 3rd petitioner.(Original produced, compared and returned) Ex.P8 Photocopy of the Aadhaar card of 4th petitioner.(Original produced, compared and returned) Ex.P9 Photocopy of the Aadhaar card of 5th petitioner.(Original produced, compared and returned) Ex.P10 Photocopy of the Aadhaar card of 6th petitioner.(Original produced, compared and returned) Ex.P11 Online copy of the Death certificate of Salil Shah dated 3/5
06.06.2024.
Ex.P12 Online copy of the Legal heir certificate of Salih Shah dated 09.07.2024.
kak K.KUMARESH BABU, J.
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