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Madras High CourtOP/627/2023allowed

M.Anandan v. No Respondent

2025-10-31Honourable Mr.Justice P. Dhanabal6 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 31.10.2025

CORAM

THE HONOURABLE MR.JUSTICE P. DHANABAL OP No.627 of 2023 Mr.M.Anandan S/o. Late T.Manickam Old No.64, New No.1, Fourth Street, Y Block, Anna Nagar, Chennai - 600 040.

...Petitioner

v/s.

Nil

...Respondent

PRAYER : Original Petition is filed under Section 372 of the Indian Succession Act of 1925 read with Order XXV Rule 6 of the Original Side Rules praying to grant Succession Certificate to the petitioner with power to collect the debts, and to receive the interest and dividend on and negotiate and transfer the securities specified in the Schedule. For Petitioner :

Mr.Dilip Kumar for M/S. Shah and Shah Page No.1 of 6

ORDER

This petition has been filed by the petitioner praying to grant a Succession Certificate under Section 372 of the Indian Succession Act read with Order XXV Rule 6 of the Original Side Rules to him with the power to collect the debts and to receive interest and dividends on and negotiate and transfer the securities specified in the Schedule.

2. According to the petitioner, he is the only son of his father, namely Mr. T. Manickam. The father of the petitioner, Mr. T. Manickam, died on 29.12.1996. During the lifetime of his father, he had share certificates as mentioned in the petition, and the wife of the said Mr. T. Manickam and the mother of the petitioner, namely Mrs. M. Yasodha, also died intestate on 16.11.2014. The petitioner is the only legal heir of the deceased Mr. T. Manickam, and he is entitled to share certificates purchased by his father, Mr. T. Manickam. Therefore, his Succession Certificate is required for the purpose of transferring the share certificates of M/S.HATSUN AGRO PRODUCT LIMITED, and he filed this petition. Page No.2 of 6

3. After filing of this Original Petition, the petitioner was directed to effect paper publication, and the same was also effected. No any objection was received from any party. Thereafter, the matter was posted for examination of witnesses, and the evidence was recorded.

4. In order to prove the case of the petitioner, he was examined as P.W.1 and marked eight documents as Exs.P1 to P8.

5. This Court also perused the entire documents including the evidence.

6. On a careful perusal of the evidence of P.W.1 and Exs.P1 to P8, they revealed that Mr. T. Manickam, who is the father of the petitioner, died on 29.12.1996. During his lifetime, he purchased M/S.HATSUN AGRO PRODUCT LIMITED shares, and now the available quantity is 2,800, valued at about (i.e., 2,800 shares * Rs.832/-) Rs.23,29,600/- (Twenty Three Lakhs Twenty Nine Thousand and Six Hundred Only) on the date of filing of this petition. The petitioner is the only son of the deceased Page No.3 of 6

Mr. T. Manickam, and therefore, the petitioner, being the legal heir of Mr. T. Manickam, is entitled to a Succession Certificate, for the share certificates stand in the name of Mr. T. Manickam. Therefore, the petitioner is entitled to the Succession Certificate.

7. In view of the same, this Original Petition is allowed. The petitioner is entitled to the value of the shares, and a direction for the grant of a Succession Certificate in favour of the petitioner, Mr. M. Anandan, S/o. Late T. Manickam, with the power to collect the debts and to receive interest and dividends on and negotiate and transfer the securities specified in the Schedule, as applicable, till the date of withdrawal, is issued.

Index :

Yes/No Speaking Order :

Yes/No dk APPENDIX:

List of Petitioner side Witnesses:

P.W.1 :

Mr.M.Anandan Page No.4 of 6

List of Petitioner side Documents:

Exhibit No.

Date Description of Documents Ex.P1 05.02.1997 Photocopy of the death certificate of Mr.T.Manickam, who is also known as Manickam T.

Ex.P2 09.03.2004 Photocopy of the legal heirship certificate of Mr.T.Manickam.

Ex.P3 05.05.2021 Computer generated Death Certificate of Mrs.M.Yasodha/Mrs.M.Yesodha Ex.P4 23.07.2021 Downloaded copy of the intimation letter dated 23.07.2021 received by the petitioner through e-mail from M/s. Integrated Registry Management Services Private Limited in respect of the transmission of shares held by Mr.T.Manickam.

Ex.P5 30.03.2012 Photocopy of the Bonus Share Certificate of M/s.Hatsun Agro Product Limited bearing Registered Folio No.11149 and Share Certificate No.1985 stands in the name of Mr.Manickam T.

Ex.P6 16.07.2016 Photocopy of the Bonus Share Certificate of M/s.Hatsun Agro Product Limited bearing Registered Folio No.11149 and Share Certificate No.3089 stands in the name of Mr.Manickam T.

Ex.P7 03.09.2025 Copy of the paper publication effected one issue of Tamil daily "Makkal Kural."

Ex.P8 27.10.2025 Certificate under Section 65B of the Indian Evidence Act, 1872.

Page No.5 of 6

P. DHANABAL,J.

dk OP NO. 627 of 2023 Page No.6 of 6