Vani Devi Tondepu And 3 Others v. No Respondent
IN THE HIGH COURT OF JUDICATURE AT MADRAS
Reserved on :22.01.2025 Pronounced on :24.01.2025 Coram:
THE HONOURABLE DR.JUSTICE G.JAYACHANDRAN ORIGINAL PETITION NO.469 of 2024 1.Mrs.Vani Devi Tondepu W/o late Mr.T.Bhavanarayana 2.Mr.Gurukishan Tondepu, S/o late Mr.T.Bhavanarayana 3.Mrs.Tondepu Parvathy Ramya S/o late Mr.T.Bhavanarayana 4.Mr.Abhinash Tondepu S/o late Mr.T.Bhavanarayana All residing at No.5, Mahalinga Chetty Main Road, Mahalingapuram, Nungambakkam, Chennai 600 034.
.. Petitioners Prayer:
Original Petition has been filed under Part X Section 372 of the Indian Succession Act, 1925 and Order XXV, Rule 6 of the 1/6
O.S.Rules,praying that a Succession Certificate may be granted in favour of the 1st petitioner with power to collect the securities and to receive the interest and dividends on and negotiate and transfer the securities specified in the schedule hereto.
For Petitioners :Mr.K.V.Babu
ORDER
This Original Petition has been filed under Section 372 of the Indian Succession Act, 1925 read with Order XXV Rule 6 of the O.S.Rules, seeking Succession Certificate in respect of securities of T.Bhavanarayana, who died intestate on 06.06.2020 at Chennai leaving behind the petitioners as class I heir, being his wife and children to inherit his estate.
2. The share certificates morefullly mentioned in the schedule of the petition stands in the name of the deceased T.Bhavanarayana. To deal with the shares including transfer and negotiation, the present petition is filed for grant of Succession Certificate in favour of the first petitioner/the wife of Late T. Bhavanarayana, on consent given by the other petitioners/sons and 2/6
daughter of Late T.Bhavanarayana.
3. To substantiate the prayer, the death certificate, legal heir certificate, share certificates and the letter from the Company seeking Succession Certificate to transfer the shares from the name of Late T.Bhavanarayana are marked as Exhibits. No objections has been received in response to the paper publication inviting objections from the public. 4.
In view of the above narrated evidence, it is proved that the schedule of the property being the nature of the shares are in the name of late T. Bhavanarayana and the petitioners being the Class-I heir are entitled to inherit the same. In view of the consent affidavit given by the petitioners 2 to 4, there is no impediment for grant of Succession Certificate in favour of the first petitioner to collect the securities and to receive the interest, dividends and to negotiate or transfer the securities. 3/6
5. As a result, Accordingly, this Original Petition is allowed. The Succession Certificate may be issued in favour of the 1st petitioner, in accordance with Rules, with power to collect the securities of the deceased T.Bhavarayana and to receive interest and dividends thereon and negotiate and to transfer the securities specified in the schedule hereto. Index:yes/no Internet:yes/no Speaking Order/Non Speaking order ari Petitioners' witness:- PW-1 :Mrs.Vani Devi Tondepu Documents marked:- 4/6
Exhibits Details Ex.P1 Computer generated death certificate of Mr.T.Bhavanarayanan along with the certificate under Section 63(4) of BSA. Ex.P2 Computer generated legal heir ship certificate of Mr.Bhavanarayanan along with the certificate under Section 63
(4) of BSA.
Ex.P3 Photocopies of the share certificates of Hero Honda Motors Limited held by Mr.Bhavanna Rayana Thondepu.
Ex.P4 Photocopy of the letter dated 28.11.2020 issued by Hero Honda Motor Limited to the investors regarding the transmission of shares.
Ex.P5 Photocopies of the share certificates of Mahindra& Mahindra Limited held by Mr.Bhavannarayana Thondepu.
Ex.P6 Photocopies of the share certfiicates of Reliance Industries Limited held by Mr.Tondepu Bhavanarayana.
Ex.P7 Copy of the letter dated 30.09.2020 issued by Reliance Industries Limited through E-mail in respect of bonus shares along with the certificate under Section 63(4) of BSA.
Ex.P8 Copy of the paper publication effected in one issue of tamil daily "Makkal Kural" dated 28.08.2024.
DR.G.JAYACHANDRAN,J.
5/6
ari delivery Order made in 6/6