G.Elangovan And 3 Others v. No Respondent
IN THE HIGH COURT OF JUDICATURE AT MADRAS
Dated: 09.01.2025
CORAM
THE HONOURABLE DR.JUSTICE G.JAYACHANDRAN Original Petition No.801 of 2022
1. G.Elangovan, S/o. Late V.R.Gajendran, No.15-31, Subha Flats Central Avenue, M.K.B. Nagar, Vyasarpadi, Chennai-600 039.
2. S.Madhavi, D/o. Late V.R.Gajendran, W/o. Somasundaram, No.5/421, Sankaran Street, Madipakkam, Chennai-600 091.
3. P.Malathy, W/o. late G.Parimalam, No.20B, Poogavanam Nagar Main Road, Kodungaiyur, Chennai-600 118.
4. P.Vignesh Ravi, S/O. Late G.Parimalam, No.2OB, Poogavanam Nagar Main Road, Kodungaiyur, Chennai-600 118 ... Petitioners PRAYER: Original Petition has been filed under Section 372 of the Indian Succession Act, 1925 read with order XXV Rule 6 of Original Side Rules, prays that a succession certificate may be granted to the petitioner, power to 1/7
collect the debts and to receive the interest and dividends on and negotiate and transfer the securities specified in the schedule of movables hereto. For Petitioner : Ms.S.Surekha
O R D E R
This original petition has been filed under Section 372 of the Indian Succession Act, 1925, and read with Order XXV, Rule 6 of the Original Side Rules, for grant of succession certificate in the respect of debts and securities of Mrs.G.Bhanumathi.
2. Ms.G.Bhanumathi wife of V.R.Gajendran died intestate on 27.08.2019. Her husband V.R.Gajendran died on 24.05.2001. G.Bhanumathi had two sons and one daughter. One of his son by name, G.Parimalam died on 15.05.2021, leaving behind his wife and son. During her lifetime, G.Bhanumathi has acquired shares of Apollo Hospital Enterprise Ltd morefully described in the schedule of the petition. Since G.Bhanumathi died intestate, the present petition is filed by son, daughter and Legal heirs of deceased son, seeking succession certificate to enable them to receive interest, dividends and negotiate for transfer of the securities.
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3. To prove the claim, P.Malathy, the third petitioner, who is the wife of G.Parimalam, deceased son of G.Bhanumathi has mounted the witness box and examined as P.W.1. The following 16 documents were marked as (Ex.P.1 to Ex.P.16).
Exhibits Documents Ex.P.1 Computer generated death certificate of V.R.Gajendran. Ex.P.2 Photocopy of the share certificate of Apollo Hospitals Enterprise Limited standing in the name of Mrs.G.Bhanumathi.
Ex.P.3 Computer generated death certificate of Mr.G.Parimalam. Ex.P.4 Computer generated legal heir ship certificate of Mr.G.Parimalam. Ex.P.5 Computer generated death certificate of Mrs.Banumathi. Ex.P.6 Original letter dated 04.01.2022 addressed by the first petitioner to Integrated Registry Management Services Pvt Ltd with a request to issue duplicate share certificate of my mother Mrs.G.Bhanumathi. Ex.P.7 Photocopy of the letter dated 11.01.2022 issued by Integrated Registry Management Services Pvt Ltd addressed to me asking for succession certificate.
Ex.P.8 Original letter dated 15.03.2022 from Integrated Registry Management Services Pvt Ltd addressed to me for obtaining succession certificate. Ex.P.9 Photocopies of the share certificates in Apollo Hospitals Enterprise Ltd standing in the name of Mrs.G.Bhanumathi.
Ex.P.10 Photocopy of the Aadhaar Card of Mrs.G.Bhanumathi. Ex.P.11 (Series 4 Nos.) Photocopies of the Aadhaar Cards of all the petitioners Ex.P.12 Certificate under Section 65 B of the Indian Evidence Act, 1872. Ex.P.13 Photocopy of the secondary school cumulative record of the second petitioner.
Ex.P.14 Photocopy of the Pan Card of the second petitioner. Ex.P.15 Photocopy of the passport of the first petitioner (Compared with the original.
Ex.P.16 Copy of the paper publication effected in one issue of Tamil Daily "Makkal Kural" dated 11.03.2023.
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4. The communication from the Integrated Registry Management Services Private Limited was marked as Ex.P.7 & Ex.P.8 disclosing the fact that G.Bhanumathi was holding the shares mentioned in the Schedule. The death certificate of G.Bhanumathi is marked as Ex.P.5. The death certificate of her husband V.R.Gajendran is marked as Ex.P.1. The death certificate of her son is marked as Ex.P.3.
5. Ms.Malathi, in her affidavit had stated that all the legal heirs of G.Bhanumathi are parties to the petition and succession certificates to be granted to the petitioners jointly.
6. In view of the documents marked and relied, the succession certificate in respect of debts and securities of Late.G.Bhanumathi is granted to the petitioners 1 to 4.
7. In the light of the above facts, the succession certificate is granted in favour of the petitioners 1 to 4, being the legal heirs of Ms.G.Bhanumathi, who died intestate, leaving behind the debts and securities morefully mentioned in the schedule to the petition. 4/7
8. Accordingly, this Original Petition stands Allowed. The Succession Certificate is issued in favour of the petitioners 1 to 4 to enable them to collect the securities and to receive the interest, dividends on and negotiate and transfer the securities specified in the schedule hereto. The petitioners are directed to render account once in a year. 09.01.2025 Index :Yes/No.
Internet :Yes/No.
bsm Petitioner's witness:
P.W.1 - Mr.P.Malathy.
Documents marked:
Exhibits Documents Ex.P.1 Computer generated death certificate of V.R.Gajendran. Ex.P.2 Photocopy of the share certificate of Apollo Hospitals Enterprise Limited standing in the name of Mrs.G.Bhanumathi.
Ex.P.3 Computer generated death certificate of Mr.G.Parimalam. Ex.P.4 Computer generated legal heir ship certificate of Mr.G.Parimalam. Ex.P.5 Computer generated death certificate of Mrs.Banumathi. Ex.P.6 Original letter dated 04.01.2022 addressed by the first petitioner to Integrated Registry Management Services Pvt Ltd with a request to issue duplicate share certificate of my mother Mrs.G.Bhanumathi. Ex.P.7 Photocopy of the letter dated 11.01.2022 issued by Integrated Registry Management Services Pvt Ltd addressed to me asking for succession certificate.
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Exhibits Documents Ex.P.8 Original letter dated 15.03.2022 from Integrated Registry Management Services Pvt Ltd addressed to me for obtaining succession certificate. Ex.P.9 Photocopies of the share certificates in Apollo Hospitals Enterprise Ltd standing in the name of Mrs.G.Bhanumathi.
Ex.P.10 Photocopy of the Aadhaar Card of Mrs.G.Bhanumathi. Ex.P.11 (Series 4 Nos.) Photocopies of the Aadhaar Cards of all the petitioners Ex.P.12 Certificate under Section 65 B of the Indian Evidence Act, 1872. Ex.P.13 Photocopy of the secondary school cumulative record of the second petitioner.
Ex.P.14 Photocopy of the Pan Card of the second petitioner. Ex.P.15 Photocopy of the passport of the first petitioner (Compared with the original.
Ex.P.16 Copy of the paper publication effected in one issue of Tamil Daily "Makkal Kural" dated 11.03.2023.
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Dr.G.JAYACHANDRAN,J.
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