Deivanai.A. And 3 Others v. No Respondent
IN THE HIGH COURT OF JUDICATURE AT MADRAS
Dated :07.01.2025 Coram:
THE HONOURABLE DR.JUSTICE G.JAYACHANDRAN O.P.No.338 of 2024 1.Mrs.Deivanai.A.
W/o Arunachalam No.26 A, Thiruvalluvar Street, Ramapuram, Ambattur, Thiruvallur 600 053.
2.Mrs.Lakshmi Veerappan W/o Veerappan No.9, Bharathi Nagar, 5th Street, Alagappa Puram, Karaiudi-630 003.
3.Mrs.Alagammai Venkatachalam W/o Venkatachalam, No.2, Mari Amman Koil Street, Nattapettai, Kancheepuram 631 601.
4.Mrs.Chitra Kasivishvanathan, W/o Kasivishvanathan, No.21, 2nd Street, Grasant Nagar, Khajanagar, Tiruchirappalli 620 023.
.. Petitioners 1/6
Prayer Original Petition has been filed under Section 372 of Indian Succession Act, 1925 r/w Order XXV, Rule 6 of O.S. Rules, praying that the Succession Certificates may be granted to the 1st petitioner with power to collect the securities and to receive the interests and dividends thereon and negotiate and transfer the securities specified in the schedule hereunder and pass such suitable orders therefor.
For Petitioners :Mr.K.Jai Surya for M/s P.B.Ramanujam Associates ------
ORDER
This Original Petition has been filed to grant Succession Certificate to the 1st petitioner with power to collect the securities and to receive the interests, dividends thereon and negotiate and transfer the securities specified in the schedule hereunder
2. The petitioners are the daughters of late Venkatachalam, who died on 02.06.1995. During the life time of late Venkatachalam, he acquired 2/6
shares in Tube Investments of India Limited (TII) and Cholamandalam Financial Holdings Limited (CFHL) which is more fully described in the schedule mentioned in the petition. He died intestate leaving behind the petitioners to succeed the movable and immovable properties. The wife of Venkatachalam pre-deceased on 18.06.1990. To transfer the shares from the name of the deceased Venkatachalam, the present Original Petition is filed by his legal heirs along with consent affidavits of petitioners 2, 3 and 4 stating no objection for grant of succession certificate in favour of the first petitioner Mrs.Deivanai.
3. To substantiate the claim, the first petitioner has mounted the witness box and examined as PW-1. The following documents were marked as exhibits.
Ex.P1 Photocopy of the death certificate of Mr.Venkatachalam. Ex.P2 Computer generated legal heir ship certificate of Mr.Venkatachalam.
Ex.P3 Computer generated death certificate of Mrs.V.Egammai. Ex.P4 Copy of the paper publication effected in one issue of Tamil daily "Makkal Kural" dated 31.08.2024.
Ex.P5 Certificate under Section 63 of BSA.
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4. The consent affidavit of the rest of the petitioners and the communication from the company confirming the holding of the share by late Venkachalam indicates that the first petitioner herein can be granted succession certificates in respect of the securities holding by the late Venkatachalam. Paper publication inviting objection from the general public had not evoked any objection.
5. Hence, this Original Petition is allowed. The Succession Certificate may be issued in favour of the 1st petitioner in accordance with Rules, with power to collect the securities of the deceased Venkatachalam and to receive interests and dividends thereon and negotiate and transfer the securities specified in the schedule hereto.
Index:yes/no Internet:yes/no 4/6
Speaking Order/Non Speaking order ari Petitioner's witness:- Mrs.A.Deivanai Documents marked:- Ex.P1 Photocopy of the death certificate of Mr.Venkatachalam. Ex.P2 Computer generated legal heir ship certificate of Mr.Venkatachalam. Ex.P3 Computer generated death certificate of Mrs.V.Egammai. Ex.P4 Copy of the paper publication effected in one issue of Tamil daily "Makkal Kural" dated 31.08.2024.
Ex.P5 Certificate under Section 63 of BSA.
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DR.G.JAYACHANDRAN,J.
ari O.P.No.338 of 2024 6/6