Dhanasekar (A) Dhanasekar Babu v.
/ 1 /
IN THE HIGH COURT OF JUDICATURE AT MADRAS
(TESTAMENTARY AND INTESTATE JURISDICTION) MONDAY, THE 30th DAY OF OCTOBER 2017 THE HON'BLE MR.JUSTICE C.V.KARTHIKEYAN A.No.6733 of 2017 in OP.No.149 of 2016 OP.No.149 of 2016 In the matter of the Indian Succession Act XXXIX of 1925 And In the matter of the Last Will and Testament of P.Ethiraj - Deceased.
Dhanasekar (a) Dhanasekar Babu, S/o.N.Singaih No.6, Karimedu Colony, Anjaneya Nagar, Royapuram, Chennai- 600013.
... Petitioner A.No.6733 of 2017:
Dhanasekar (a) Dhanasekar Babu, S/o.N.Singaih No.6, Karimedu Colony, Anjaneya Nagar, Royapuram, Chennai- 600013 ..Applicant/Petitioner Application praying that his Hon'ble Court be pleased to pass an order permitting the applicant to carry out the following amendments by adding, deleting and inserting in Schedule "Annexure-A" of valuations of the movable and immovable property of deceased P.Ethiraj in Si.No.6 in item No.2 quantum of shares to be mentioned as 150 instead of 300 by deleting 300 and the value has to be shown as 50,000/- by deleting Rs.1,00,000/- and item No.3 the following share certificates along with distinctive
/ 2 / number may be amended by adding as items numbers 4 to 6 with valuation and common folio number.
357769 577775850 577775999 50000/- 453005 619336717 619336866 50000/- 1373838 1398182428 1398182652 75,000/- and the value of the left over estate of deceased the "Annexure A" in respect of Si.No. 10 and 12 value shown as Rs.4, 37,801/- may be deleted by adding Rs.5,92,801/- and in O.P.No.149 of 2016 in para 6 of the petition in line no.3 and 4 the value shown as sum of Rs.4,37,801/- may be deleted by adding a sum of Rs.5,92,801/-.
This Application coming on this day before this court for hearing the court made the following order: This Court has granted succession certificate in O.P.No.149 of 2016 by order dated 10.01.2017. Subsequently, the petitioner herein had addressed M/s.Karvy Computers Pvt., Ltd., Karvy Selenium Towers B, Plot Numbers 31 & 32, Financial District, Nankramguda, Serilingampally Mandal, Hyderabad -500 032, to release the amounts under the share certificate in Folio No.08455325 bearing share certificate number 238007 with respect to investment to investment made by the deceased P.Ethiraj. In reply to the same, the said company had written a letter stating that the number of shares held were different. Consequently, this application has been filed seeking to bring about the following amendment:- "i. Why this application should not be treated as Urgent?
ii. To pass an order permitting the applicant to carry out the following amendments by adding, deleting and inserting in Schedule "Annexure-A" of Valuations of the movable and immovable property of deceased P.Ethiraj in Si.No. 6 in item No.2 quantum of shares to be mentioned as
/ 3 / 150 instead of 300 by deleting 300 and the value has to be shown as 50,000/- by deleting Rs.1,00,000/- and item No.3 the following share certificates along with distinctive number may be amended by adding as item numbers 4 to 6 with valuation and common folio number 357769 577775850577775999 50,000/- 453005 619336717619336866 50,000/- 1373838 13981824281898182652 75,000/- and the value of the left over estate of deceased the "Annexure-A" in respect of Si.No.10 and 12 value shown as Rs.437,801/- may be deleted by adding Rs.5,92,801/- and in O.P.No.149 of 2016 in para No.6 of the petition in line No.3 and 4the value shown as sum of Rs.4,37,801/- may be deleted by adding a sum of Rs.5,92,801/- and thus render justice?
2. In view of the fact that the succession certificate has to be necessarily amended, this application is allowed. In case there is increase in valuation, the petition has to pay additional duty under the Tamilnadu Court Fee and Suits Valuation Act, prior to amendment 2017. Sd/.C.V.K.J 30.10.2017 //Certified to be a true copy// Dated this the th day of 2017. TE/11.12.2017 COURT OFFICER From 25.09.2008 the Registry is issuing certified copies of the Order/Judgment Decree in this format.