Madras High CourtOP/824/2021granted

Rajeswari Muthukrishnan And 2 Others v. Nil

2022-06-10Honourable Mr Justice Krishnan Ramasamy6 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

(TESTAMENTARY AND INTESTATE JURISDICTION) FRIDAY, THE 10TH DAY OF JUNE 2022 THE HON'BLE MR. JUSTICE KRISHNAN RAMASAMY O.P.No.824 of 2021 In the matter of the Indian Succession Act, XXXIX of 1925 and In the matter of securities of Muthukrishnan SubramanianDeceased - Intestate

1. MRS.RAJESWARI MUTHUKRISHNAN W/o.Mr.Muthukrishnan Subramanian, Aadhar No.6831 2406 9988 No.4, Sanskrit College Street, (Thiru Vi.Ka. First Lane), Mylapore, Chennai - 600 004.

2. Mr.M.ARUN BHARADWAJ S/o.Mr.Muthukrishnan Subramanian, Residing at 1069, Kaski Lane, Concord, CA, 94518.

Represented herein by his mother and duly appointed Agent Mrs.Rajeswari Muthukrishnan under Power of Attorney dated 22/07/2021.

3.MRS. S.NAGALAKSHMI W/o.Late Mr.T.M.Subramanian, No.4, Sanskrit College Street (Thiru Vi.Ka First Lane), Mylapore, Chennai - 600 004.

Represented herein by her daughter-in-law and duly appointed Agent Mrs.Rajeswari Muthukrishnan under Power of Attorney dated 24/07/2021.

..Petitioners This original petition praying that this Hon'ble court be pleased to grant a succession certificate in favour of Mrs.Rajeswari Muthukrishnan, the First Petitioner herein, with the power to collect the securities and to receive interest and dividends and negotiate and transfer the securities standing in the name of the deceased, Mr.Muthukrishnan Subramanian, as specified in the schedule in the petition.

This original petition coming on this day before this court for hearing the court made the following order:

This Petition has been filed under Section 372 of the Indian Succession Act, 1925 read with Order XXV Rule 6 of the Original Side Rules, to grant succession certificate in favour of the first petitioner.

2. It is the case of the petitioners that they are the legal heirs of deceased Muthukrishnan Subramanian, who died intestate on 10.11.2019. Accordingly to the petitioners, the deceased Muthukrishnan Subramanian owned various securities as stated in the schedule. Therefore, they have filed the present petition for grant of succession certificate in favour of

Mrs.Rajeswari Muthukrishnan, the first petitioner herein, with the power to collect the securities and to receive the interest and dividends and negotiate and transfer the securities standing in the name of the deceased Muthukrishnan Subramanian, as specified in the schedule. 3.It is further stated that other than the petitioners, there are no other relatives to succeed to the estate of deceased Muthukrishnan Subramanian as legal heirs. Further, no application for a succession certificate in respect of any debt or security belonging to the estate of the said deceased has been made to any District Court or delegate or to any High Court. Hence, the petitioners have approached this Court for grant of succession certificate in favour of 1st petitioner with power to collect the securities and to receive the interest and dividends and negotiate and transfer the securities standing in the name of the deceased Muthukrishnan Subramanian, as specified in the schedule.

4. In order to prove their case, the first petitioner examined herself as P.W.1 and marked the following documents;

(1) Ex.P1 - photocopy of the General Power of Attorney dated 22.07.2021 executed by the 2nd petitioner in favour of the 1st petitioner.

(2) Ex.P2 - Photocopy of the General Power of Attorney dated

24.07.2021 executed by the 3rd petitioner in favour of the 1st petitioner

(3) Ex.P3 - Photocopy of the death certificate of Muthukrishnan Subramanian Tiruvarur Muthusamy.

(4) Ex.P4 - Computer generated Legal Heirship certificate of S.Muthukrishnan

(5) Ex.P5 - Photocopy of the share certificate bearing certificate no.230568 issued by HDFC Bank Limited standing in the name of Muthukrishnan Subramanian.

(6) Ex.P6 - Photocopy of the share certificate bearing certificate no.230569 issued by HDFC Bank Limited standing in the name of Muthukrishnan Subramanian.

(7) Ex.P7 - Photocopy of the share certificate bearing certificate No.113133 issued by United Breweries Limited standing in the name of Muthukrishnan S

(8) Ex.P8 - Photocopy of the share certificate bearing certificate No.052430 issued by United Breweries (Holdings) Limited standing in the name of Muthukrishnan Subramanian.

(9) Ex.P9 - Photocopy of the bonus shares advice issued by United Breweries (Holdings) Limited standing in the name of B.Muthukrishnan .

(10) Ex.P10 - Photocopy of the share certificate bearing certificate No.000010067 issued by Housing Development Finance Corporation

Limited Standing in the name of Muthukrishnan Subramanian.

(11) Ex.P11 - Photocopy of the share certificate bearing certificate No.000176897 issued by the State Bank of India standing in the name of B.Muthu Krishnan

(12) Ex.P12 - Photocopy of the letter dated 19.10.2018 issued by Datamatics Business Solutions Limited

(13) Ex.P13 - photocopy of the letter dated 02.12.2019 issued by Datamatics Business Solutions Limited.

(14) Ext.P14 - Computer generated demat account statement pertaining to the share held in Mahindra Life Space Developers Limited.

(15) Ext.P15 - Computed generated demat account statement pertaining to share held in Saint-Gobain Sekurit India Limited.

(16) Ex.P16 - Copy of paper publication effected in one issue of Tamil daily "Dina Kural" dated 26.02.2022.

5.The petitioners 2 and 3 have already granted power to the first petitioner to deal with the securities of the deceased. These General Power of Attorney are marked as Exs.P1 and P2.

6. Considering the averments made in the petition and the evidence tendered by PW.1 along the documents marked as Exs.P1 to P16, this Court

is satisfied that the first petitioner has succeeded the Estate of the deceased. Therefore, the petition is ordered as prayed for and a direction for grant of Succession Certificate to the 1st petitioner with the power to collect the securities and to receive the interest and dividents and negotiate and transfer the securities standing in the name of the deceased Muthukrishnan Subramanian, as specified in the schedule, is issued. 7.Accordingly, the petitioners are entitled for the relief as prayed for and this Original Petition stands allowed.

Sd/.K.R.J.

10.06.2022 //Certified to be a true copy// Dated at Madras this the day of 2022. su.23/06/2022 COURT OFFICER(O.S.) From 25.09.2008 the Registry is issuing certified copies of the Orders/Judgments/Decrees in this format.