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Madras High CourtOP/797/2024allowed

P.S.Narasimhan v. P.S.Ramanujam And 2 Others

2025-12-01Honourable Mr.Justice P. Dhanabal6 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 01.12.2025 CORAM :

THE HONOURABLE MR.JUSTICE P.DHANABAL P.S.Narasimhan ... Petitioner Vs

1. P.S.Ramanujam

2. P.S.Raghunandanam

3. S.Shyamala ... Respondents 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 securities and to receive interest and dividends on and negotiate and transfer for the securities specified in the Schedule. For Petitioner :

Mr.R.Kumar For Respondents :

Mr.K.Narasimhan for R1

ORDER

This petition has been filed by the petitioner praying to grant Succession Certificate under Section 372 of the Indian Succession Act read with Order XXV Rule 6 of the Original Side Rules. Page No.1 of 6

2. According to the petitioner, one Venkatachari Parthangal Srinivasaraghavan @ (P.S.V.Chari) died unmarried on 16.10.2023. •The petitioner and the respondents are the Class II legal heirs as mentioned in Class II (II) to Schedule under Section 8 as siblings of the deceased.

Except the above petitioner and the respondents, there are no other legal heirs to the said deceased Venkatachari Parthangal Srinivasaraghavan @ (P.S.V.Chari).

The said deceased Venkatachari Parthangal Srinivasaraghavan @ (P.S.V.Chari), during his lifetime, had purchased some equity shares in the company viz., MRF Limited in the name of the deceased. The face value of the said shares would come around Rs.83,91,700/-. The deceased Venkatachari Parthangal Srinivasaraghavan @ (P.S.V.Chari) died intestate. A due and diligent search has been made for a Will, but it was not found. Since the petitioner and the respondents, as siblings are the only legal heirs of the assets of the deceased and there is no other next of kin to the deceased and in order to get those shares, the Succession Certificate is necessary to them. All the respondents have no objection for the grant of succession certificate in the name of the petitioner, viz., P.S.Narasimhan. Therefore, the petitioner has 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. On the side of the petitioner, he was examined PW1 and marked Ex.P.1 to Ex.P7.

4. This Court also perused the entire documents including the evidences. The petitioner, namely Mr.P.S.Narasimhan has been examined as PW1 and 7 documents have been marked. On a careful perusal of the evidence of PW1 and the documents Ex.P.1 to Ex.P7, they reveal that the petitioner and the respondents are the legal heirs as mentioned in Class II (II) to the Schedule under Section 8 as siblings of the deceased Venkatachari Parthangal Srinivasaraghavan @ (P.S.V.Chari) to succeed his estates and he died intestate, thereby, the petitioner and the respondents are entitled to get the share certificates. The respondents 1 and 2 have given their consent to grant succession certificate in favour of the petitioner and the 3rd respondent had not appeared. Therefore, petitioner is entitled to the Succession Certificate.

5. In view of the same, this Original Petition is allowed. The petitioner is entitled to the value of the petition-mentioned assets and a direction for grant of Succession Certificate in favour of the petitioner with Page No.3 of 6

power to collect the securities and to receive the interest and dividends on and negotiate and transfer for the securities specified in the schedule hereto.

Index :

Yes/No Speaking Order :

Yes/No ssd APPENDIX:

List of Petitioner side Witnesses:

PW1 :

Mr. P.S.Narasimhan List of Petitioner side Documents:

Exhibit No.

Date Description of Documents Ex.P.1.

- Photocopy of the Share Certificate in MRF Limited bearing registered Folio No.CO1445 and Certificate No.A-144636 standing in the name of Mr.P.S.V.Chari Ex.P.2 - Photocopy of the Share Certificate in MRF Limited bearing registered Folio No.CO1445 and Certificate No.A-119796 standing in the name of Mr.P.S.V.Chari Ex.P.3 - Photocopy of the Share Certificate in MRF Limited bearing registered Folio No.CO1445 and Certificate No.A-131379 standing in the name of Mr.P.S.V.Chari Ex.P.4.

- Computer generated death certificate of Mr.Venkatachari Parthangal Srinivasaraghavan Ex.P.5 - Computer generated legal heirship certificate of Mr.Venkatachari Parthangal Page No.4 of 6

Srinivasaraghavan Ex.P.6 - Affidavit filed by the petitioner under Section 63(4) of BSA Ex.P.7.

11.10.2025 Paper Publication effected in one issue of Tamil Daily 'Makkal Kural'

Page No.5 of 6

P.DHANABAL, J., ssd Page No.6 of 6