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Madras High CourtOP/264/2022allowed

Karuppiah Ans 2 Others v. Nil

2024-02-27Honourable Mr Justice N. Sathish Kumar9 pages

O.P.No.264 of 2022 N.SATHISH KUMAR, J.

This Petition has been filed under Section 372 of the Indian Succession Act read with Order XXV Rule 6 of the Madras High Court Original Side Rules, to grant succession certificate in favour of the petitioners. 2.Heard the learned counsel for the petitioners.

3. It is the case of the petitioners that the petitioners 1 and 3 are the son and daughter of the deceased LM RM. Meenakshi Sundaram respectively and the 2nd petitioner is the wife of the deceased. The deceased has ordinarily resided at No.7/13, 2nd Main Road, Adyar, Chennai - 600 020 and due to his health condition, he was brought to his native place at Dindigul and died on 20.11.1997. The deceased left the properties and shares specified in the schedule within the jurisdiction of this Court and the petitioners are the legal heirs of the deceased. The deceased died intestate and though due and diligent search has been made for a Will, none has been found. The parents of the deceased predeceased him. The second and third petitioners have given consent to the first petitioner to deal with the schedule mentioned share certificates and security bonds of the deceased. The deceased purchased the schedule mentioned share certificates from various companies and the deposits

for the total value of about Rs.1,37,00,493/-. The succession certificate is required for the purpose of transmission of shares to and in favour of the petitioners and also for the withdrawal and closure of SBI account No.10832892513 Dindigul Branch. No application for 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 the petitioners with power to collect the debts and securities as specified in the schedule.

4. The first petitioner was examined as P.W.1 and marked Exs.P1 to Ex.P.53.

5. P.W.1 in his evidence had narrated the averments made in the petition stating that the petitioners have filed this petition for grant of Succession Certificate in favour of the petitioners. Ex.P1 is the photocopy of the first petitioner's Aadhar card. Ex.P2 is the original Death Certificate of the deceased. Ex.P3 is the photocopy of the Legal Heirship Certificate of the deceased. Ex.P4 is the photocopy of Non-Traceable Certificate dated 31-10-2018 in respect of missing shares held by the deceased lodged with the Office of the Inspector of Police, Besant Nagar, Chennai -90 along with the receipt dated 11.09.2018 of the concerned Police Station. Ex.P5 is the photocopy of the share certificate in

TVS MOTOR COMPANY LIMITED standing in the name of the deceased bearing certificate No.6642. Ex.P6 is the photocopy of the share certificate in TVS MOTOR COMPANY LIMITED standing in the name of the deceased bearing certificate No.17378. Ex.P7 is the photocopy of the share certificate in TVS MOTOR COMPANY LIMITED standing in the name of the deceased bearing certificate No.010712. Ex.P8 is the photocopy of the share certificate in TVS MOTOR COMPANY LIMITED standing in the name of the deceased bearing certificate No.17376. Ex.P9 is the photocopy of the share certificate in WABCO-TVS (INDIA) Limited standing in the name of the deceased bearing certificate No.003649. Ex.P10 is the photocopy of the share certificate in Sundaram-Clayton Limited standing in the name of the deceased bearing certificate No.2837. Ex.

P11 is the photocopy of the share certificate in ITC Limited standing in the name of the deceased bearing certificate No.62088. Ex.P12 is the photocopy of the share certificate in ITC Limited standing in the name of the deceased bearing certificate No.128313. Ex.P13 is the photocopy of the share certificate in ITC Limited standing in the name of the deceased bearing certificate No.195269. Ex.P14 is the photocopy of the share certificate in ITC Limited standing in the name of the deceased bearing certificate No.264803. Ex.P15 (series, 2 nos) are the photocopies of the letter dated 29.01.2016 issued by Integrated Enterprises (India) Limited with regard to transmission of shares standing in the name of the deceased along with copy of shares certificate Mcdowell & Company Limited bearing Certificate No.0534164.

Ex.P16 is the photocopy of the letter dated 22.02.2018 from S.K.D.C.Consultants Limited addressed to the first petitioner with regard to transmission of shares held by the deceased in the Karur Vysya Bank Limited. Ex.P17 is the photocopy of the share certificate in SRI CHAKRA TYRES LTD bearing Certificate No.15550 standing in the name of the deceased. Ex.P18 is the photocopy of the share certificate in SRI CHAKRA TYRES LTD bearing Certificate No.17124 standing in the name of the deceased. Ex.P19 is the photocopy of the share certificate in SRI CHAKRA TYRES LTD bearing Certificate No.83097 standing in the name of the deceased. Ex.P20 is the photocopy of the letter from Integrated Enterprises India Ltd., dated 10.11.2016 addressed to the first petitioner in respect of duplicate transmission of shares standing in the name of the deceased.

Ex.P21 (series, 4 nos) are the photocopies of the share certificates in TATA IRON AND STEEL COMPANY LTD., bearing Certificate Nos.00949797, 00949798, 00949799 and 00949800 standing in the name of the deceased. Ex.P22 (series, 4 nos) are the photocopies of the share certificates in TATA IRON AND STEEL COMPANY LTD., bearing Certificate Nos.05566173, 05566174, 05566175 and 05566176 standing in the name of the deceased. Ex.P23 is the photocopy of the share certificate in the TATA STEEL bearing Certificate No.V3322487 standing in the name of the deceased. Ex.P24 is the photocopy of the letter dated 08.09.

STEEL LIMITED. Ex.P25 (series, 5 nos) are the photocopies of the share certificates in TATA IRON AND STEEL COMPANY LTD., bearing Certificate Nos.00957027, 00957028, 00957029, 00957030 and 00957031 standing in the name of the deceased. Ex.P26 (series, 4 nos) are the photocopies of the share certificates in TATA IRON AND STEEL COMPANY LTD., bearing Certificate Nos.05570124, 05570125, 05570126 and 05570127 standing in the name of the deceased. Ex.P27 is the photocopy of the share certificate in TATA STEEL bearing Certificate No.V3322720 standing in the name of the deceased. Ex.P28 is the photocopy of the share certificate in Colgate-Palmolive (India) Limited bearing Certificate No.B 00050591 standing in the name ofthe deceased. Ex.P29 is the photocopy of the share certificate in Colgate-Palmolive (India) Limited bearing Certificate No.

B3 00219121 standing in the name of the deceased. Ex.P30 is the photocopy of the share certificate in Colgate-Palmolive (India) Limited bearing Certificate No.B4 00379815 standing in the name of the deceased. Ex.P31 (series, 2 nos) are the photocopies of the share certificates in Colgate-Palmolive India Limited bearing Certificate No.B5 00549585 and B5 00549586 standing in the name of the deceased. Ex.P32 is the photocopy of the letter from LINK INTIME INDIA PVT. LTD., dated 19.10.2016 addressed to the first petitioner with regard to transmission of shares held by the deceased. Ex.P33 is the photocopy of the share certificate in Colgate-Palmolive India Limited bearing Certificate No.B7 2058459 standing in the name of the deceased. Ex.

LIMITED bearing Certificate No.B246773 standing in the name of the deceased. Ex.P35 is the photocopy of the share certificate in TATA ELXSI LIMITED bearing Certificate No.00139867 standing in the name of the deceased. Ex.P36 is the photocopy of the letter dated 23.03.2018 from TSR DARASHAW LIMITED addressed to the deceased with regard to issue of duplicate certificates held in TATA ELXSI Limited. Ex.P37 (series, 2 nos) are the photocopies of the share certificates in Hindustan Lever Limited bearing Certificate Nos.2052008 and 2052009 standing in the name of the deceased. Ex.P38 is the photocopy of the debentures certificate in Reliance Industries Limited bearing Certificate No.04325739 standing in the name of the deceased. Ex.

P39(series, 2 nos) are the photocopies of the share certificates in Reliance Industries Limited bearing Certificate Nos.07465322 and 07465323 standing in the name of the deceased. Ex.P40 is the photocopy of the share certificate in Reliance Industries Limited bearing Certificate No.58408128 standing in the name of the deceased. Ex.P41 is the photocopy of the share certificate in Reliance Industries Limited bearing Certificate No.62550267 standing in the name of the deceased. Ex.P42 is the photocopy of the share certificate in Reliance Industries Limited bearing Certificate No.66825926 standing in the name of the deceased. Ex.P43 is the photocopy of the letter dated 29.12.

2014 from Karvy Computer share Private Limited addressed to the first petitioner with regard to issue of duplicate share certificates held by the deceased in Reliance Industries Limited. Ex.

Certificate No.78432 standing in the name of the deceased. Ex.P45 is the photocopy of the share certificate in ELGI Equipments Limited bearing Certificate No.94644 standing in the name of the deceased. Ex.P46 is the photocopy of the share certificate in SmithKline Beecham Consumer Healthcare Limited bearing Certificate No.213167 standing in the name of the deceased. Ex.P47 is the photocopy of the share certificate in SmithKline Beecham Consumer Healthcare Limited bearing Certificate No.0375572 standing in the name of the deceased. Ex.P48 is the photocopy of the share certificate in SmithKline Beecham Consumer Healthcare Limited bearing Certificate No.0375573 standing in the name of the deceased. Ex.P49 is the photocopy of the letter dated 03.10.

2018 from Karvy Computershare Private Limited addressed to the first petitioner with regard to loss cum Transmission of shares standing in the name of the deceased in Glaxosmithkline Consumer Healthcare Ltd., and also asking for succession certificate in respect of the deceased. Ex.P50 is the photocopy of Dividend warrant for the year 2017-2018 dated 12.10.2018 disclosing 200 numbers of shares standing in the name of the deceased in Steel Strips Wheels Limited. Ex.P51 is the photocopy of the letter dated 03.08.2021 from LINKINTIME India Pvt., Ltd., addressed to the first petitioner with regard to procedure for issue of duplicate cum transmission of shares standing in the name of the deceased in Steel Strips Wheels Limited. Ex.P52 is the original share certificate from Reliance Industries bearing Certificate No.

66825926 standing in the name of the deceased. Ex.

copy of Paper Publication effected in one issue of Tamil Daily "MAKKAL KURAL" dated 03.09.2022.

6. Considering the averments made in the petition and the documents filed by the petitioners, I am satisfied that the petitioners have succeeded the Estate of the deceased LM RM. Meenakshi Sundaram. Therefore, the petition is ordered as prayed for and a direction for grant of Succession Certificate in favour of the petitioners with power to collect the debts and securities as specified in the schedule, is issued.

27..02..2024 kmk

N.SATHISH KUMAR, J.

kmk O.P.No.264 of 2022 27..02..2024