Mrs.Santha @ Shantha Subramaniam And 3 Others v. No Respondent
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 17.10.2024
CORAM
THE HONOURABLE MR.JUSTICE RMT.TEEKAA RAMAN
1. Santha
2. Dharani
3. Nandhini
4. Shalini ...
Petitioners PRAYER: Original Petition filed under Section 372 of Indian Succession Act, 1925, read with Order XXV Rule 6 of Original Side Rules, praying to issue a Succession Certificate in favour of Shantha, the 1st petitioner herein for the shares in the Schedule mentioned Share Certificate with the power to collect the securities and to receive the interests and dividends and negotiate and transfer the securities / shares as specified in schedule. For Petitioners : Mr.S.K.Sivasubramaniam 1/5
O R D E R
This Original Petition filed under Section 372 of Indian Succession Act, 1925, read with Order XXV Rule 6 of Original Side Rules, praying to issue a Succession Certificate in favour of Shantha, the 1st petitioner herein for the shares in the Schedule mentioned Share Certificate with the power to collect the securities and to receive the interests and dividends and negotiate and transfer the securities / shares as specified in the schedule.
2. It is submitted by the learned counsel for the petitioners that Mr.P.S.Subramaniam died intestate on 11.08.1999 at his ordinary place of residence, No.8, Vantage Shore, 25 Pari Street, Kalakshetra Colony, Besant Nagar, Chennai 600 090. The deceased was in possession of shares in M/s.Minda Industries Ltd., currently known as M/s.Uno Minda Ltd. He left behind his wife, Santha and three daughters, namely Dharini, Nandhini and Shalini, who are the petitioners herein and the Class - I legal heirs of the deceased..
3. The said deceased Mr.P.S.Subramaniam had the following share certificates:
2/5
S.
N o.
Name of Company Folio No.
Share Certificate No.
Distinctive No.
No. of Shares Face value in Rs.
Value per share as on 30.06.
Total Value in Rs.
M/s.Minda Industries Ltd., currently known as M/s.Uno Minda Ltd., 0001763 32965 235731 to 3,000 Nos.
Bonus given in the year 2018 in the ration 2:1 and the shares become 9000 shares.
Again the company has given bonus in the year 2022 in the ratio 1:1 and the shares become 18,000 shares.
Rs.2/- Rs.560/- Rs.1,00,80,000/- 238730
4. After following due procedure, the petitioners were invited to tender evidence. The first petitioner, Mrs.Santha examined herself as P.W.1 and marked Exs.P1 to P6. Petitioners 2 to 4 have filed consent affidavit and it is taken on record. Paper publication has been effected and the learned Master did not receive any objections.
5. In view of both oral and documentary evidences adduced before this Court, I find no impediment to grant succession certificate to the 1st petitioner.
6. Hence, this Original Petition stands allowed. The Succession Certificate may be issued in favour of the 1st petitioner in accordance with the 3/5
rules, with the power to collect the securities and to receive the interests and dividends and negotiate and transfer the securities / shares specified in the schedule.
17.10.2024 Index :Yes/No spp APPENDIX Petitioner's witness:
P.W.1 - Mrs.Santha Documents marked:
S.No Particulars Exhibits Computer generated death certificate of Mr.P.S.Subramaniam.
P1 Photocopy of the legal heir ship certificate of Late Mr.P.S.Subramaniam (Compared with the original) P2 Photocopy of the letter dated 28.12.2018 sent by LinkIntime India Pvt. Lts., to me in respect of the shares held by Mr.P.S.Subramaniam (Compared with the original) P3 Photocopy of Aadhar Card (P.W.1) (Compared with the original) P4 Copy of the paper publication effected in one issue of Tamil Daily "Maalai Murasu" dated 22.06.2024 P5 Certificate under Section 63B of BSA P6 17.10.2024 spp 4/5
RMT.TEEKAA RAMAN, J.
spp 17.10.2024 5/5