Daniel Paul Charlu And 2 Others v. No Respondent
IN THE HIGH COURT OF JUDICATURE AT MADRAS
Dated: 26.11.2024 Coram:
THE HONOURABLE Dr. JUSTICE G.JAYACHANDRAN Original Petition No.392 of 2024
1. Daniel Paul Charlu.
2. Sheila George.
3. David Kumar Charlu ... Petitioners Prayer: Original Petition has been filed under Sections 372 of Indian Succession Act 1925 read with Order XXV Rule 6 of Original Side Rules that pleased to grant succession certificate to the petitioners with power to collect securities and to receive the interest and dividends on securities of Infosys and Dabur India and negotiate and transfer the said securities specified in the schedule. For Petitioners : Mr.N.Ishtiaq Ahmed ****
O R D E R
The Original Petition has been filed under Section 372 of Indian Succession Act 1925 read with Order XXV Rule 6 of Original Side Rules for issuance of succession certificate to the petitioners with power to collect securities and to receive the interest and dividends on securities of Infosys and Dabur India
and negotiate and transfer the said securities specified in the schedule.
2. The petitioners are son and daughter of one G.M.Charlu, who died intestate on 14.03.2023, leaving behind the petitioners as her legal heirs. She was holding certain securities, which are morefully described in the schedule annexed to the petition. On her death, the petitioners are entitled to inherit those securities since she has died intestate. The petitioners were instructed by the ICICI bank Demat Services to obtain a succession certificate of their mother. Hence, the present petition.
3. To prove the claim, David Kumar Charlu, who is the 3rd petitioner herein had graced the witness box and marked the following documents. Exhibits Documents Ex.P.1 Original statement of holding as on 08.03.2024 given ICICI Bank Demat Services in respect of shares and securities held by Mrs.G.M.Charlu Ex.P.2 Computer generated death certificate of Mr.P.K.Charlu. Ex.P.3 Photocopy of the legal heir ship certificate of Mr.P.K.Charlu. Ex.P.4 Computer generated death certificate of Mrs.G.M.Charlu. Ex.P.5 Computer generated legal heir ship certificate of Mrs.G.M.Charlu. Ex.P.6 Photocopy of my Aadhaar Card.
Ex.P.7 Certificate under Section 65 B of the Indian Evidence Act, 1872. Ex.P.8 Copy of the paper publication effected in one issue of Tamil Daily "Makkal Kural" dated 24.08.2024.
4. Ex.P.3 is the legal heirs certificate issued for Mr.P.K.Charlu in which, the names of the petitioners are shown as her Legal heirs. Ex.P.4 is the death certificate of G.M.Charlu which proves the fact that she died on 14.03.2023 at Chennai. The communication from ICICI bank Demat service, which is marked as Ex.P.1, indicates that the schedule mentioned securities are in the name of G.M.Charlu. The paper publication inviting objections for the grant of succession certificate to these petitioners had evoked no response for objection.
5. In the light of the above fact, succession certificate is granted in favour of the petitioners being the legal heirs of G.M.Charlu who died intestate, leaving behind the securities morefully mentioned in the schedule to the petition.
6. Accordingly, this Original Petition stands Allowed. The Succession Certificate is issued in favour of the petitioners to enable them to collect the securities and to receive the interest, dividends on and negotiate and transfer the securities specified in the schedule hereto. The petitioners are directed to render account once in a year.
Index : Yes/No.
Internet : Yes/No.
bsm Petitioner's witness:
P.W.1 -P.K.Charlu Documents marked:
Exhibits Documents Ex.P.1 Original statement of holding as on 08.03.2024 given ICICI Bank Demat Services in respect of shares and securities held by Mrs.G.M.Charlu Ex.P.2 Computer generated death certificate of Mr.P.K.Charlu. Ex.P.3 Photocopy of the legal heir ship certificate of Mr.P.K.Charlu. Ex.P.4 Computer generated death certificate of Mrs.G.M.Charlu. Ex.P.5 Computer generated legal heir ship certificate of Mrs.G.M.Charlu. Ex.P.6 Photocopy of my Aadhaar Card.
Ex.P.7 Certificate under Section 65 B of the Indian Evidence Act, 1872. Ex.P.8 Copy of the paper publication effected in one issue of Tamil Daily "Makkal Kural" dated 24.08.2024.
G.JAYACHANDRAN, J.
bsm Original Petition No.392 of 2024