Securities Of Madhav Srinivas v. Shantha Mudaliyar
IN THE HIGH COURT OF JUDICATURE AT MADRAS
(TESTAMENTARY AND INTESTATE JURISDICTION) WEDNESDAY, THE 21ST DAY OF AUGUST 2019 THE HON'BLE MR. JUSTICE R.SUBRAMANIAN O.P.No.464 of 2018 In the matter of Indian Succession Act, XXXIX of and In the matter of securities of Madhav Srinias Mudaliyar (Deceased) - Intestate
1. ARVIND M.MUDALIYAR S/o.Late Madhav Srinivas Mudaliyar Flat No.D-3, Sam's Abhishega Tower, No.111, Old No.60, Beracah Road, Secretariat Colony, Kilpauk, Chennai-600010.
..Petitioner -Vs1.SHANTHA MUDALIYAR W/o.Late Madhav Srinivas Mudaliyar, Flat No.D-3, Sams Abhishega Tower, No.111, Old No.60, Beracah Road, Secretariat Colony, Kilpauk, Chennai-600010.
2. ANURADHA JAYANTH D/o.Late Madhav Srinivas Mudaliyar, No.64,Peelton Heights Road, Brampton, Ontario, Canada-L6Y 2J2.
3. AARTHI M MUDALIYAR D/o.Late Madhav Srinivas Mudaliyar Flat No.D-3, Sams Abhishega Tower, No.111, Old No.60, Beracah Road, Secretariat Colony, Kilpauk, Chennai-600010.
..Respondents Original Petition praying that this Hon'ble Court be pleased that a Succession certificate may be granted to the petitioner with the power to collect the Securities and to receive the interest and dividends thereon and to negotiate and transfer the securities specified in the Schedule.
SCHEDULE-VII of Indian Succession Act Details of the Securities / Shares/ Debentures S.No.
Distinctive No.
Nam, Title or class of Security No.of Shares/ Debenture s Face value of shares (In Rupees) Market value of Shares (in Rupee) 0363523583 to 0363523682 Sydicate Bank Rs.79/- 7900/- 67452715 to 67454964 Shriram Transport Finance Company Limited Rs.1,430/- 32,17,500/- 06883507 to 06883556, 4430451 to 4430550 00368728 to 00368734, 00368718 to 00368727 E-Merck India Limited Rs.1,438/- 3,37,930/- Total Rs.35,63,330/- This Original Petition coming on this day before this court for hearing the court made the following order: The petitioner, who is the son of Late Madhav Srinivas Mudaliyar, who died intestate on 20.11.2015 seeks issuance of succession certificate in respect of the securities that stood in the name of his late father. The respondents are the wife and daughters of Late Madhav Srinivas Mudaliyar.
2. The petitioner has examined himself as P.W.1. He has produced the death certificate of his father as Ex.P4 and legal heirship certificate as Ex.P5. A perusal of Ex.P5 shows that the petitioner and the respondents are the
only legal heirs of the deceased Madhav Srinivas Mudaliyar. The consent affidavits of the respondents have been marked as Exs.P6, P8 and P9. Necessary publications have been effected and no objections have been received.
3. In view of the above evidence, I find that the petitioner is entitled to succession certificate in respect of the securities mentioned in the schedule to the petition. In fine, this original petition is allowed granting succession certificate in respect of the securities mentioned in the schedule to the petition in favour of the petitioner.
Sd/.R.S.M.J 21.08.2019 //Certified to be a true copy// Dated this the day of 2019.
SU/13.09.2019 COURT OFFICER From 25.09.2008 the Registry is issuing certified copies of the Order/Judgment Decree in this format.