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Madras High CourtOP/618/2021ordered

Amit Bhagwan Mahbubani v. Nil

2022-03-10Honourable Mr Justice P. Velmurugan4 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

(TESTAMENTARY AND INTESTATE JURISDICTION) THURSDAY, THE 10TH DAY OF MARCH 2022 THE HON'BLE MR. JUSTICE P.VELMURUGAN O.P. No.618 of 2021 In the matter of Indian Succession Act XXXIX of 1925 and In the matter of certain Securitiesof Mr.Bhagwan Mahbubani - deceased Intestate

1. Mr.AMIT BHAGWAN MAHBUBANI S/o.Late Mr.Bhagwan Mahbubani 2.Mr.AJITH BHAGWAN MAHBUBANI S/o.Late Mr.Bhagwan Mahbubani 3.Mrs.SUHITHA BHAGWAN MAHBUBANI W/o.Late Mr.Bhagwan Mahbubani, All three are residing at No.8/18, First Floor, Lynwood Avenue, Mahalingapuram, Nungambakkam, Chennai - 600 034.

..Petitioners Original Petition praying that this Hon'ble Court be pleased that a Succession Certificate may be granted to the Petitioners with power to collect the Securities, and to receive interest and dividends on and negotiate and transfer the securities specified in the schedule in the petition.

This Original Petition coming on this day before this court for hearing, the court made the following order:

This Original petition has been filed under Section 372 of the Indian Succession Act, 1925 read with Order XXV Rule 6 of Original Side Rules, to grant succession certificate in favour of the petitioners.

2. In the petition, it is stated that the deceased Mr.Bhagwan Mahbubani ordinarily and permanently resided at No.8/18, Lynwood Avenue, 1st Floor, Mahalingapuram, Nungambakkam, Chennai 600 034 and died on 23.08.2010 and left the properties within the jurisdiction of this Court. The deceased died intestate and that due and diligent search has been made for a Will, but none has been found. The deceased at the time of his death left behind the petitioners as his Class I legal heirs. The mother of the deceased predeceased him. The petitioners are the legal heirs of the deceased, who claims to be entitled equal share of the properties of the deceased. The succession certificate is required for the purpose of obtaining Equity Shares standing in the name of the deceased and the details of the securities are furnished in the schedule to the petition and its value is Rs.25,53,250/-.

3.The 3rd petitioner examined herself as P.W.1 and marked the following documents viz., Exs.P1 to P10.

Exhibits Nature of the documents P1 Computer generated Death certificate of Mr.R.Bhagwan Mahbubani P2 Photocopy of Legal Heirship Certificate dated 13.10.2010 for Mr.Bhagwan Mahbubani P3 Original letter dated 24.11.2020 addressed to Ajith Bhagwan Mahbubani by M/s.KFIN Technologies Private Limited.

P4 Photocopy of the CSR dated 05.03.2020.

P5 Photocopy of the Non Traceable Certificate dated 05.03.2020.

P6 Copy of notice of loss of share certificates. P7 Photocopy of Aadhaar card of 3rd petitioner.

P8 Photocopy of Aadhaar card of 1st petitioner.

P9 Photocopy of Aadhaar card of 2nd petitioner.

P10 Copy of paper publication effected in one issue of Tamil daily "Makkal Kural" dated 15.02.2022.

4.From the evidence available on record, it is clear that Mr.Bhagwan Mahbubani died on 23.08.2010 at No.8/18, Lynwood Avenue, 1st Floor, Mahalingapuram, Nungambakkam, Chennai 600 034, leaving behind the petitioners as his surviving legal heirs. To prove the same Ex.P1/Death Certificate and Ex.P2/Legal Heirship Certificate were marked. 5.An averment has also been made in the petition that no application has been made to the District Court or delegate or to any High Court for Probate of any Will of the deceased or Letters of Administration

with or without the Will annexed to his properties and credits. No application for Succession Certificate in respect of any debts or security belonging to the estate of the deceased has been made to any District Court or delegate or to any High Court.

6. After giving due consideration to the averments contained in the petition as well as the Exhibits marked on the side of the petitioners, I am satisfied that the petitioners have succeeded the Estate of the deceased. Therefore, the petition is ordered as prayed for and a direction for grant of Succession Certificate to the petitioners with power to collect the securities and to receive interest, dividends thereon and negotiate and transfer the securities as specified in the schedule, is issued. Sd/.P.V.J.

10.03.2022 //Certified to be a true copy// Dated at Madras this the day of 2022. SU/15.03.2022 COURT OFFICER(O.S.) From 25.09.2008 the Registry is issuing certified copies of the Orders/Judgments/Decrees in this format.