Shyamlal Kishore Lal And Another v. No Respondent

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 15.09.2025 CORAM :

THE HONOURABLE MR.JUSTICE P.DHANABAL

1. Shyamalal Kishore Lal

2. Prerna Kumar Shreff ... Petitioners PRAYER: Original Petition is filed under Section 372 of the Indian Succession Act of 1925 read with Order XXV Rule 6 of Madras High Court Original Side Rules, praying to grant Succession Certificate to the first petitioner with power to collect and transfer the securities to their names and to receive the interest and dividends on and negotiate and transfer the securities thereon specified in the Schedule hereunder. For Petitioners Mr. T.Natarajan For M/s.Aiyar & Dolia ---

ORDER

This Original Petition has been filed by the petitioners under Section 372 of the Indian Succession Act of 1925 read with Order XXV Rule 6 of Madras High Court Original Side Rules, praying to grant Succession Certificate to the first petitioner with power to collect and transfer the Page No.1 of 6

securities to their names and to receive the interest and dividends on and negotiate and transfer the securities thereon specified in the Schedule hereunder.

2.

According to the petitioners, the father of the petitioners, namely, B.Shamlal, died on 25.03.2019 leaving behind the petitioners herein as his legal heirs to suceed his estate. During his life time, he purchased 2000 shares from M/s.Sarda Energy and Minerals Limited to the value of Rs.9,07,900/-. Each of the petitiones are entitled to 1/2 share equally. The 2 nd petitioner has filed consent affidavit to issue succession certificate to the first petitioner. Since the petitioners are the only legal heirs of the deceased B.Shamlal, in order to get those 2000 shares, the succession certificate is necessary to the petitioners. Therefore, they have filed this petition. 3.

After filing of this Original Petition, the petitioners were directed to effect paper publication and the same was also effected on 29.04.2025. No Page No.2 of 6

any objection was received from any party. Thereafter, the matter was posted for examination of witnesses and the evidence was recorded. 4.

On the side of the petitioners, the 1 st petitioner, namely, Shyamalal Kishore Lal, was examined as PW1 and marked Ex.P.1 to Ex.P7. 5.

This Court also perused the entire documents including the evidences. On a careful perusal of the evidence of PW1 and the documents Ex.P.1 to Ex.P7, they revealed that the petitioners are the legal heirs of the deceased B.Shamlal. While he was alive, he purchased 2000 shares from M/s.Sarda Energy and Minerals Limited as on 31.10.2024 the value of shares is Rs.9,07,900/-. As per Ex.P2 these petitioners are the legal heirs of deceased shares. The petitioners are entitled to 1/2 shares equally. There is no rival claim against the aforesaid 2000 shares. Therefore, the petitioners each are entitled to get 1/2 shares of the properties and also the 2 nd petitioner has filed consent affidavit to issue the succession certificate in favour of the 1 st Page No.3 of 6

petitioner. Therefore, the 1 st petitioner is entitled to get succession certificate as prayed for.

6.

In view of the above, this Original Petition is allowed. The petitioners each are entitled to 1/2 share equally to the value of 2000 shares from M/s.Sarda Energy and Minerals Limited, and a direction for grant of Succession Certificate in favour of the 1 st petitioner to collect and transfer the securities to their names and to receive the interest and dividends on and negotiate and transfer the securities thereon specified in the Schedule hereunder, as applicable till the date of withdrawal, is issued. 15.09.2025 Index Yes/No Speaking Order Yes/No MSM Page No.4 of 6

List of Petitioner side Witnesses:

PW1 Shyamlal Kishore Lal List of Petitioner side Documents:

Exhibit No.

Date Description of Documents Ex.P.1.

02.08.2023 Photocopy of the Death Certificate of B.Shamlal Ex.P.2 11.06.2019 Photocopy of the legal heir certificate of B.Shamlal Ex.P.3 04.08.2023 Share Certificate issued by Sarda Energy and Minerals Limited Ex.P.4.

-- Photocopy of the Aadhar Card of Shyamlal Kishore Lal Ex.P.5 -- Photocopy of the Aadhar Card of Prerna Kumar Shroff Ex.P.6 -- Consent Affidavit of Prerna Kumar Shroff Ex.P7 29.04.2025 A copy of the paper publication issued in Tamil Daily Makkal Kural Page No.5 of 6

P.DHANABAL.,J MSM O.P. No.51 of 2025 15.09.2025 Page No.6 of 6