Tmt.Savitha Devi And 3 Others v. No Respondent
RMT.TEEKAA RAMAN, J.
This Petition has been filed under Section 372 of the Indian Succession Act, r/w. Order XXV Rule 6 of Madras High Court Original side Rules, for grant of Succession Certificate to the Petitioners with the power to collect the debts and to receive the interest and dividends on and negotiate and transfer the securities specified in the schedule to this Petition as follows:
S.No Distinguishing number or letter of security Name, title or class of security Amount or par value of security Market value of security on date of application for extension Folio No.TWS0006515 Titan Company Limited (shares certificate) Rs.3900/- Rs.78,00,000/- Folio No.S09799 M/s.ESAB India Limited Rs.6000/- Rs.6,00,000/- (100) Total amount of Rs.84,00,000/- (Rupees eighty four lakhs only) 2.After following due procedure, the Petitioners were invited to tender evidence. The 4th Petitioner viz., Usha Chordia, was examined as PW1 and Exs.P1 to P18 were also marked as follows: 1/5
S.No. Exhibits Details Ex.P.1 Computer generated death certificate of Mr.Sayaramal bethala Ex.P.2 Computer generated death certificate of Mrs.Sohan Devi Betala Ex.P.3 Computer generated legal heirship certificate of Mrs.Sohan Devi Betala Ex.P.4 Computer generated legal heirship certificate of Mr.Sayaramal bethala Ex.P.5 Photocopy of the letter dated 24.01.2024 sent by the first Petitioner to TSR Consultants Ltd., with regard to transmission of shares held by Mrs.Sohan Devi Betala (Compare with the original) Ex.P.6 Photocopy of the letter dated 28.02.2024 sent by LinkIntime India Pvt. Ltd., addressed to the first Petitioner asking for succession from the competent Court of law (Compared with original) Ex.P.7 Photocopy of the share certificate in Titan Industries Ltd standing in the name of Mrs.Sohan Devi Betala (Compared with original) Ex.
P.8 Photocopy of the certificate of interim dividend in ESAB India Ltd standing in the name of Mrs.Sohan Devi Betala (Compared with the original) Ex.P.9 Photocopy of the fourth Petitioner's letter dated 08.02.2024 addressed to M/s.Integrated Registry Management Services Private Limited with regard to transmission of securities cum duplicate share certificate standing in the name of Mrs.Sohan Devi Betala (Compared with the original) Ex.P.10 Photocopy of the letter dated 08.03.2024 sent by Integrated Registry Management Services Private Limited addressed to me asking for succession certificate from the competent Court of Law (compared with the original) Ex.P.11 Photocopy of fourth Petitioner's police complaint dated 29.03.2024 lodged with C1 Flower Bazaar Police Station with regard to lost of share certificates standing in the names of Mr.
Sayaramal Betala and Mrs.Sohan Devi Betala (Compared with the original) Ex.P.12 Photocopy of the CSR receipt dated 29.03.2024 given by Flower Bazaar Police Station in CSR No.232/2024 stating as document missing (Compared with the original) Ex.P.13 Photocopy of the letter dated 10.05.2024 sent by Integrated Registry Management Services Private Limited addressed to me asking for succession certificate form the competent Court of law (Compared with the original) Ex.P.
S.No. Exhibits Details daily "The Indian Express" dated 19.05.2024 about loss o share certificate (Compared with the original) Ex.P.15 Photocopy of paper publication effected in one issue of Tamil daily "Dina Mani" dated 19.05.2024 about loss o share certificate (Compared with the original) Ex.P.16 Photocopy of Aadhaar card of fourth Petitioner(Compared with the original) Ex.P.17 Certificate u/s.65B of the Indian Evidence Act, 1872 Ex.P.18 Copy of paper publication effected in one issue of Tamil daily "Makkal Kural" dated 21.07.2024.
3.The Petitioners are daughters of Late.Mr.Sayaramal Betala and Late.Mrs.Sohan Devi Betala. The Petitioners' father Sayaramal Betala aged about 61 years died intestate on 24.03.1991. The Petitioners' Mother Sohan Devi Betala aged about 72 years died intestate on 26.02.2009. The Petitioners are the legal heirs of their parents Late Mr.Sayaramal Betala and Late Mrs.Sohan Devi Betala and they are equally entitled to claim. Hence, the Petitioners claim succession certificate. 4.In view of both oral and documentary evidences adduced before this Court, I find no impediment for grant of succession certificate. Hence, this Original Petition stands allowed. The Succession Certificate may be issued in favour of the Petitioners in accordance with the rules. 3/5
15.10.2024 sai 4/5
RMT.TEEKAA RAMAN, J.
sai Dated: 15.10.2024 5/5