Sureshkumar Girdharidas Chabria And 3 Others v. No Respondent
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 25.04.2025
CORAM
THE HONOURABLE MR.JUSTICE K.KUMARESH BABU 1.Sureshkumar Girdharidas Chabria 2.Sunitha Girdharidas 3.Jyoti.G @ Jyothi G 4.Pooja Ravindrakumar @ R Pooja
...Petitioners
PRAYER: Original Petition filed under Section 372 of the Indian Succession Act read with Order XXV Rule VI of Original Side Rules, prays that this Hon'ble Court may be pleased To grant a Succession Certificate in favour of 1.Sureshkumar Girdharidas Chabria, 2.Sunitha Girdharidas, 3.Jyoti.G @ Jyothi.G and 4.Pooja Ravindrakumar @ R.Pooja herein is entitled for 1/4th equal shares each in the schedule mentioned share certificates/securities with the power to collect the securities and to receive the accumulated bonus, dividends, splits, merger and demerger dividends from the company/IEPF authorities and negotiate and transfer the securities/shares as specified in schedule hereunder and also to permit the Sureshkumar Girdharidas Chabria, 1st petitioner herein, power to collect the securities and to receive the interest and dividends and negotiate and transfer the indivisible shares from the company and IEPF Authorities as specified in schedule hereunder. For Petitioners : Mr.S.K.Sivasubramaniam 1/5
ORDER
The petitioners seek Succession Certificate in respect of the securities held by Late.Mr.Giridhardas Virbhandas @ Late.Mr.Giridhardas Virbhandas Chabria, who died intestate on 15.05.2004. The petitioners 1 to 3 are the children of the deceased and the 4th petitioner is the granddaughter of the deceased through his predeceased daughter Late.Mrs.Meenakshi Giridhardas.
2. The third petitioner has been examined as PW1. She has produced the computer generated death certificates of the deceased Late.Mr.Giridhardas Virbhandas, the wife of the deceased Late.Mrs.Ishwari Giridharidas Virbhandas and Late.Mrs.Meenakshi Giridhardas of the deceased predeceased daughter as Ex.P1, Ex.P2 and Ex.P4. The legal heirship certificate of the deceased Late.Mr.Giridhardas Virbhandas has been marked as Ex.P3. A perusal of Ex.P3 shows that the petitioners are the only legal heirs of the deceased Late.Mr.Giridhardas Virbhandas. A paper publication has been made which is marked as Ex.P9 and no objections have been received for the same.
3. The assertions in the petition have been duly proved by adducing oral evidence supported by documents. In these circumstances, the petitioners are 2/5
entitled to the relief.
4. In view of the above evidence, (i) The Original Petition is allowed granting Succession Certificate in favour of the petitioners, with the power to collect the securities and receive the accumulated bonus, splits and dividends and to negotiate and to transfer mentioned in the schedule to the petition. (ii) The first petitioner is permitted to collect the securities and to receive the interest and dividends and negotiate and transfer the indivisible shares from the company as specified in the schedule. Index :Yes/No Petitioner's witness:
P.W.1 - Mrs.G.Jyothi @ Jyothi Documents exhibited by the petitioner:
Exhibits Documents Ex.P1 Online copy of the Death certificate of Giridharsasvirbhandas dated 27.10.2022.
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Ex.P2 Online copy of the Death Certificate of Ishwari Giridharidas Chabria dated 07.06.2023.
Ex.P3 Photocopy of the Legal Heirship certificate of Giridharsasvirbhandas dated 24.09.2004.
Ex.P4 Photocopy of the Death Certificate of Meenakshi Giridharidas.
Ex.P5 Photocopy of Email from Kfin Technologies Limited. Ex.P6 Photocopy of the Letter from Link intime.
Ex.P7 Photocopy of letter from Standard Charted Bank. Ex.P8 Photocopy of Letter from Indusind Bank.
Ex.P9 Paper publication.
Ex.P10 Photocopy of the Aadhar card of Jyothi.
K.KUMARESH BABU, J.
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