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Madras High CourtOP/142/2024ordered

Nausheen Fathima Athar v. No Respondent

2025-02-18Honourable Mr Justice K.Kumaresh Babu5 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 07.08.2025

CORAM

THE HONOURABLE MR.JUSTICE K.KUMARESH BABU

1. R.Srinivasan

2. Lalitha Raghupathy

3. Janani Subramanian

4. Savithri Krishnan ... Petitioners PRAYER: Original Petition filed under Sections 372 of the Indian Succession Act, 1925 r/w. Order XXV Rule 6 of the Original Side Rules praying to grant Succession Certificate to the 1st petitioner with power to collect securities, to receive interest, dividends thereon and negotiate and transfer the securities specified in the schedules hereto. For Petitioners :

M/s.K.P.Uma Maheswari

ORDER

The petitioners seek Succession Certificate in favour of the 1st petitioner in respect of the securities held by the Mr.R.Ramakrishnan, who died intestate on 26.12.2005 and Mrs.R.Saradha, who died intestate on 17.04.2007. The petitioners submit that the Late.Mrs.R.Saradha, the 2nd deceased is the wife of Late.Mr.R.Ramakrishnan who is the 1st deceased. The petitioners 1 to 4 are the children of the above deceased couple. 1/5

2. The petitioners submit that after the demise of their father Late.Mr.R.Ramakrishnan, they had filed an original petition in O.P.No. 460 of 2015 for the issuance of the Succession Certificate in respect of the securities held by the 1st deceased, and the same was granted vide order dated 30.11.2015. The petitioners further submit that recently it has come to their knowledge that certain shares belonging to the 1st deceased had been omitted in the above said Original Petition No.460 of 2015 and they have also traced the shares held by their mother, the 2nd deceased herein. The petitioners assert that the present original petition has been filed to grant the issuance of the succession certificate with respect of the omitted securities of the 1st and deceased and the securities held by the 2nd deceased, which are listed under the Schedule of the petition. Therefore the petitioners 1 to 4 contend that they as the legal heirs of the deceased couple are entitled to the securities of both the deceased listed under the schedule of the petition.

3. The first petitioner has been examined as PW1, he has produced 13 documents which are listed as Ex.P1 to Ex.P8 and Ex.C1 to Ex.C4 at the foot of the order. The online copy of the death certificate of Late.Mr.R.Ramakrishnan, the 1st deceased and his wife Late.Mrs.R.Saradha, 2/5

the 2nd deceased has been marked as Ex.P1 and Ex.P2 respectively. The photocopy of the legal heirship of Late.Mr.R.Ramakrishnan has been marked as Ex.P3. The perusal of the Ex.P3 clearly substantiates that he petitioners 1 to 4 are the legal heirs of the both the deceased. A general paper publication has been effected which has been marked as Ex.C1 and no objections have been received for the same. The petitioners 2 to 4 have expressed their consent to grant the succession certificate in favour of the 1st petitioner and their respective consent affidavits have been marked as Ex.C2 to Ex.C4 respectively.

4. The assertions in the petition have been duly proved by adducing oral evidence supported by documents. In these circumstances, the petitioners are entitled to the relief.

5. In view of the above evidence, the Original Petition is allowed granting Succession Certificate in favour of the 1st petitioner, with the power to collect the securities and to receive the interest, dividends thereon and negotiate and transfer the securities mentioned in the schedule to the petition. Index :Yes/No 3/5

Petitioners' witness:

Mr.R.Srinivasan (PW1) Documents exhibited by the petitioners:

Exhibits Documents Ex.P1 Online copy of the death certificate of deceased late R.Ramakrishnan (date of death 26.12.2005), dated 08.03.2013. Ex.P2 Online copy of the death certificate of deceased late R.Sarada W/o.Ramakrishnan (date of death 17.04.2007), dated 08.03.2013. Ex.P3 Photocopy of the legal heir certificate of deceased late Ramakrishnan, dated 28.03.2013. (Original produced, verified and returned) Ex.P4 Photocopy of the share certificates holding 4500 shares of Coromandel International Ltd in the name of Ramakrishna and Sarada, dated 24.12.2010.

Ex.P5 Photocopy of the letter from Linkintime shows holding 2380 shares of Hindalco Industries Ltd in the name of Sarada, dated 06.09.2005. Ex.P6 Photocopy of the letter received from Kfintech shows holding of 564 shares of Reliance Industries Limited in the name of R.Sarada, dated 07.10.2022.

Ex.P7 Photocopy of the share certificate from Kfin Technologies Ltd show holding of 67 shares Ultratech Cement Ltd in the name of R.Sarada, dated 31.05.2004.

Ex.P8 Photocopy of the letter received from Link Intime Pvt Ltd shows holding of 42 shares of Eicher Motors Limited in the name of R.Sarada dated 03.10.2023.

Ex.C1 Paper publication of the Tamil edition "Makkal Kural" dated 08.06.2025.

Ex.C2 Consent affidavit of the 2nd petitioner Lalitha Raghupathy. Ex.C3 Consent affidavit of the 3rd petitioner Janani Subramanian Ex.C4 Consent affidavit of the 4th petitioner Savithri Krishnan 4/5

K.KUMARESH BABU, J.

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