B.Ashok Kumar And 5 Others v. No Respondent
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 30.03.2023
CORAM
THE HONOURABLE MR.JUSTICE K.KUMARESH BABU 1.B.Ashok Kumar 2.B.Subash 3.R.Jignasa 4.Mitali Ravindrakumar 5.Sonali Ravindrakumar 6.Krishna R. Kumar ... Petitioners PRAYER: Original Petition filed for Succession Certificate under Section 372 of Indian Succession Act, 1925 under Order XXV Rule 6 of Original Side Rules, prays that a Succession Certificate in favour of the first petitioner in respect of the shares held by the deceased Sulochala Balakrishnadas which powers to collect and encash the securities, interest and dividend as specified in the schedule annexed hereto. For Petitioner : Mr.M.Shankar
ORDER
The petitioners seek Succession Certificate in respect of the securities held by late Sulochana Balakrishnan, who died intestate on 02.06.1998. The 1st and 2nd petitioners are the sons and 3rd to 6th petitioners are the legal heirs of the deceased son B.Ravindra Kumar, who are also the daughter in-law and grand childrens of the deceased Sulochana Balakrishnan. 1/5
2. The 1st petitioner has been examined as P.W.1. He has produced the death certificates of the deceased Sulochana Balakrishnan and B.Ravindra Kumar, as Exs.P1 and P3, and the legal heirship certificates of the deceased Sulochana Balakrishnan and B.Ravindra Kumar, as Exs.P2 and P4. A perusal of Exs.P2 and P4 shows that the petitioners are the only surviving Class-I legal heir of the deceased Sulochana Balakrishnan and B.Ravindra Kumar. The petitioners 2 to 6 has filed their consent affidavit expressing their no objection for grant of Succession Certificate in favour of the 1st petitioner. The said consent affidavit has been marked as Exs.P13 to P17. A paper publication has been made and no objections have been received. 3.In view of the above evidence, the Original Petition is allowed granting Succession Certificate in favour of the 1st petitioner for the grant, in respect of the securities mentioned in the schedule to the petition. Index :Yes/No Speaking : Yes/ No 2/5
Petitioner side witnesses:- P.W.1 - Mr.B.Ashok Kumar Documents exhibited by the petitioners:
Exhibits Documents Ex.P1 Computer generated death certificate of Sulochana Ex.P2 photocopy legal heirship certificate of Sulochana Ex.P3 Computer generated death certificate of Mr.B.Ravindra Kumar Ex.P4 Computer generated legal heirship certificate of Mr.B.Ravindra Kumar Ex.P5 (series 2 Nos) are the photocopies of the share certificates issued by the Reliance Capital standing in the name of Sulochana Balakrishnadas Ex.P6 (series 2 Nos) are the photocopies of the share certificates issued by the Reliance Commuications Limited standing in the name of Sulochana Balakrishnadas Ex.P7 (series 2 Nos) are the photocopies of the share certificates issued by the Reliance Energy standing in the name of Sulochana Balakrishnadas Ex.
P8 (series 2 Nos) are the photocopies of the share certificates issued by the Reliance Power standing in the name of Sulochana Balakrishnadas Ex.P9 Is the online printout of the e-mail complaint dated 17.03.2022 made by petitioner to SEBI against Kfin Technologies Private Limited in respect of lost of shares of petitioner's mother Sulochana Balakrishnadas Ex.P10 Photocopy of the reply for aforesaid Ex.P9 from Kfin Technologies Private Limited dated 23.03.2022 addressed to the petitioner Ex.P11 Is the online printout of the e-mail complaint dated 05.04.
Exhibits Documents Ex.P12 Photocopy of the reply for aforesaid Ex.P11 from Kfin Technologies Private Limited dated 11.04.2022 addressed to petitioner Ex.P13 Consent affidavit given by the 2nd petitioner Ex.P14 Consent affidavit given by the 3nd petitioner Ex.P15 Consent affidavit given by the 4th petitioner Ex.P16 Consent affidavit given by the 5th petitioner Ex.P17 Consent affidavit given by the 6th petitioner Ex.P18 Copy of paper publication effected in one issue of Tamil daily "Makkal Kural" dated 18.12.2022 4/5
K.KUMARESH BABU,J.
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