Susan Zachariah And 2 Others v. No Respondent

IN THE HIGH COURT OF JUDICATURE AT MADRAS

Dated : 10.02.2025

CORAM:

THE HONOURABLE MR. JUSTICE K.KUMARESH BABU Original Petition No.477 of 2024

1. Susan Zachariah

2. Vivek Zachariah

3. Dipak Zachariah ... Petitioners Prayer:- This Original Petition has been filed under Section 372 of Indian Succession Act, 1925 r/w order XXV Rule 6 of the Original Side Rules to grant Succession Certificate to the petitioners with powers to collect the securities and to receive the interest and dividends thereon and negotiate and transfer the securities specified in the Schedule hereunder.

For petitioners : M/s.S.Rajasekar

ORDER

The petitioners seeks Succession Certificate in respect of the securities held by Late Zachariah George, who died intestate on 26.12.2017. The petitioners are the wife and two sons of the deceased. 1/5

2. The 1st petitioner has been examined as PW1. She has produced the computer generated death certificates of the deceased Zachariah George as Ex.P1 and the legal heirship certificate of the deceased as Ex.P2. A perusal of Ex.P2 shows that the petitioners are the only legal heirs of the deceased Zachariah George. A paper publication has been made and no objections have been received. The second and third petitioners have been examined as PW2 and PW3.

3. In view of the above evidence, the Original Petition is allowed granting Succession Certificate in favour of the petitioners, with the power to collect the securities and receive the interest and dividends mentioned in the schedule to the petition.

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Petitioner's witness:

P.W.1 - Mrs.Susan Zachariah Documents marked:

Exhibits Documents Ex.P.1 Computer generated death certificate of Mr.Zachariah George Ex.P.2 Computer generated legal heir ship certificate of Mr.Zachariah George.

Ex.P.3 Photocopy of the share certificate for the shares in MRF Limited bearing Registered Folio No.G01623 and certificate No.A-146519 standing in the name of Mr.Zachariah George (compared with the original).

Ex.P.4 Photocopy of the share certificate in Ennore Foundaries Limited bearing Registered Folio No.09613 and Certificate No.20673 standing in the name of Mr.Zachariah George (compared with the original).

Ex.P.5 Photocopy of the share certificate in Polyolefins Industries Limited bearing Registered Folio No.R9Z00062 and Certificate No.C0114943 standing in the name of Mr.Zachariah George (compared with the original).

Ex.P.6 Photocopy of the share certificate in Oriental Carbon and Chemicals Limited bearing Registered Folio No.G00036 and Certificate No.OCCL 19734 standing in the name of Mr.Lachariah George (compared with the original) Ex.P.7 Photocopy of the share certificate in National Organic Chemicals Industries Limited bearing registered No.T9Z50026 standing in the name of Mr.Zachariah George (compared with the original) Ex.P.8 Photocopy of the share certificate in Hindustan Lever Limited bearing Registered Folio No.BD2622641 and Certificate No.7050383 standing in the name of Mr.Zachariah George (compared with the original) 3/5

Ex.P9 (Series 2 Nos) are the photocopies of the share certificates in Forbes, Ewart & Figgis Private Ltd standing in the name of Mr.Zachariah George (compared with the originals) Ex.P10 Photocopy of the letter dated 28.03.2012 sent by MRF Limited to Mr.Zachariah George regarding transmission of shares (compared with the original) Ex.P11 Certificate under Section 65 B of the Indian Evidence Act, 1872. Ex.P12 Copy of the paper publication effected in one issue of Tamil Daily "Makkal Kural" dated 06.10.2024.

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K. KUMARESH BABU, J.

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