Bangalore District Court
A.Jayanthi Nagaraj vs Nil on 17 December, 2019
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IN THE COURT OF THE XXV ADDL. CITY CIVIL &
SESSIONS JUDGE
AT BANGALORE CITY - CCH NO.23.
DATED THIS THE 17 th DAY OF DECEMBER, 2019.
PRESIDING OFFICER
PRESENT : Sri.Sadananda M.Doddamani,
B.A., L.LB.,
XXV ADDL. CITY CIVIL & SESSIONS JUDGE,
BANGALORE.
P&SC.No.420/2019
PLAINTIFF/S: 1. A.Jayanthi Nagaraj,
W/o A.Nagaraj,
Aged about 54 years,
81/1, Govindappa road,
Basavanagudi,
Bengaluru - 560 004.
2. B.R.Rekha,
W/o B.S.Ramesh Kumar,
Aged about 57 years,
678/3, Suryodaya,
4 th main, 6 th cross,
Hanumantha Nagar,
Bengaluru - 560 019.
(By Sri.NG, Advocate)
Vs.
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DEFENDANT/S: Nil
(By Sri. Advocate)
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JUDGMENT
1. This is a petition filed by the petitioners under section 372 of Indian Succession Act seeking for issuance of Succession certificate in their name in respect of the petition schedule property.
2. In brief the case of the petitioners is as under:
That the petitioners are the only daughters of B.N.Rathnakar Shetty and late B.R.Pushpavathamma. It is further contended that B.N.Rathnakar Shetty died on 17.3.2012 and B.R.Pushpavathamma died on 23.8.2013. It is further contended that B.N.Rathnakar Shetty had purchased 1325 shares of Ing Vysya Bank Limited and had nominated his wife 3 B.R.Pushpavathamma in the nominee column. It is further contended that the Ing Vysya Bank was merged with the Kotak Mahindra Bank. As such pursuant to the amalgamation seeking the said 1325 shares of Ing Vysya Bank were allotted 960 shares of Kotak Mahindra Bank. Further 1350 shares of Ing Vysya Bank were allotted 978 shares of Kotak Mahindra Bank. So it is contended that in total B.N.Rathnakar Shetty would be entitled to get 3878 shares in total in respect of Kotak Mahindra Bank as detailed in para No. 4 of the petition. It is further contended that late B.N.Rathnakar Shetty was also holding the shares in Demat account of Kotak Mahindra Bank to an extent of 293 shares of Kotak Mahindra Bank. As such he is entitled to 586 shares of Kotak Mahindra Bank as detailed in para No. 5 of the petition. It is further contended that 4 B.N.Rathnakar Shetty was also holding the shares of State Bank of India to an extent of 500 shares and the same has been reflected in the same Demat account of Kotak Mahindra Bank. It is further contended that B.N.Rathnakar Shetty was having savings bank account in Kotak Mahindra Bank at V.V.Puram branch and there is a cash balance amount of Rs.60,766.32 as on May 2018.
3. It is further contended that late B.N.Rathnakar Shetty and his wife B.R.Pushpavathamma were jointly holding savings bank account in Shree Subramanyeswara Co-operative Bank Limited in V.V.Puram branch and as on 31.3.2015 there was balance amount of Rs.21,430/-. It is further contended that B.N.Rathnakar Shetty and his wife B.R.Pushpavathamma were jointly holding FD in 5 Shree Subramanyeswara Co-operative Bank Limited, V.V.Puram branch and the same had been matured on 23.10.2016 and as on that day the amount was Rs.61,218/- and the said FD is also not been encashed. It is further contended that the parents of petitioner were also holding shares in Unit Trust of India (Master Gain) 1992 in their respective names which are in total of 28 certificates of 100 shares each. The parents of petitioners are also holding shares in physical form of "Mukunda Industrial Finance Limited". The petitioners being the only daughters of late B.N.Rathnakar Shetty and B.R.Pushpavathamma they are entitled to claim all the above said shares and the amount existing in the bank. It is further contended that the petitioners had made representation dated 10.10.2018 to the Kotak Mahindra Bank and Karvy Computershare 6 Private Limited seeking to transfer the said shares into their names including the bonus and dividends but they refused to entertain the same and they have sought to produce Succession Certificate. So the petitioners have come up with the present petition, etc. In view of their above contentions and other contentions taken in the petition they prays for to allow the petition.
4. The filing of the present petition was published in the daily news paper by the petitioners to the notice of the general public at large. Inspite of the same nobody has come forward opposing the claim made by the petitioners in the present petition.
5. Heard the arguments.
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6. The following points would arise for my consideration:
(1) Whether the petitioners are
entitled to get Succession
Certificate in respect of the
petition schedule properties as
sought by them ?
(2) What order or decree ?
7. The petitioners in order to establish their case, the petitioner No. 1 herself got examined as PW.1 and got marked 16 documents from Ex.P1 to Ex.P16. The petitioner No. 2 herself got examined as PW2 and closed their side evidence.
8. My findings to the above points are as under:
Point No.1 : In the Affirmative
Point No.5 : As per the final order
for the following:
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REASONS
9. Point No. 1: The petitioners in order to
establish their case the petitioner No. 1 herself got examined as PW1 and got marked 16 documents and petitioner No. 2 herself got examined as PW2. Upon perusal of the affidavit evidence of PW1 and 2 it would show that wherein they have stated the same facts as stated in the petition. As such there is no need to repeat the same facts herein. In view of their oral and documentary evidence they prays for to allow the petition.
10. The learned counsel for the petitioners on the basis of the oral and documentary evidence adduced and produced by the petitioners prays for to allow the petition.
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11. Admittedly the petitioners have come up with the present petition seeking for issuance of Succession certificate in respect of the properties mentioned in the petition schedule. The petitioners in proof of their contention that their father B.N.Rathnakar Shetty had purchased shares in Ing Vysya Bank Limited and he nominated his wife B.R.Pushpavathamma and also to show the Ing Vysya Bank Limited was merged with Kotak Mahindra Bank have produced shares certificate at Ex.P6, Demat statement of Kotak Mahindra Bank at Ex.P7 and savings deposit account of Kotak Mahindra Bank at Ex.P8. The above said documents would clearly shows the father of petitioners late B.N.Rathnakar Shetty by nominating his wife B.R.Pushpavathamma purchased shares as detailed by the petitioners in para No. 4 to 6 of their petition. The above referred 10 documents would support the contention of the petitioners. The documents produced by the petitioners at Ex.P9 would show there is a cash balance amount of Rs.60,766.32 in savings bank account in Kotak Mahindra Bank. So also the petitioner to establish the factum of their parents B.N.Rathnakar Shetty and B.R.Pushpavathamma were jointly holding savings account at Shree Subramanyeswara Co-operative Bank Limited produced the pass book of said bank at Ex.P9. The perusal of the said documents would show as on 31.3.2015 there was a balance amount of Rs.21,430/-. The very documents produced by the petitioners at Ex.P10, i.e., FDR would show that the parents of petitioners holding FD in Shree Subramanyeswara Co-operative Bank Limited and the same had been matured on 23.10.2016 and as on 11 that day the amount was Rs.61,218/-. The petitioners in proof of their parents were also holding shares in Unit Trust of India (Master Gain) 1992 they have produced share certificates at Ex.P11. So also the documents produced by the petitioners would show their parents were also holding shares in physical form of "Mukunda Industrial Finance Limited". The very documents produced by the petitioners at Ex.P12, i.e., survival certificate would show that the petitioners alone the legal heirs of deceased late B.N.Rathnakar Shetty and his wife B.R.Pushpavathamma.
12. The petitioners contended that they requested Kotak Mahindra Bank, Karvy Computershare Private Limited for transfer of certificate in their names after the death of their parents, they refused to do the 12 needful and directed the petitioners to get the Succession certificate from the competent court of law. So the petitioners have come up with the present petition. The petitioners in support of their contention taken in the petition have produced acceptable documentary evidence. When such would be the case the petitioners are certainly entitled for the relief sought in the present petition.
13. As it is already stated above the petitioners have taken paper publication with regard to the filing of present petition. Inspite of the same nobody has come forward opposing the claim made by the petitioners in the present petition. The oral and documentary evidence placed before the court by the petitioners remained unchallenged. Absolutely there is no contra evidence to disbelieve the case of 13 the petitioners. When such would be the case this court has left with no option except to answer point No. 1 for consideration in the Affirmative. Accordingly point No. 1 is answered in the Affirmative.
14. Point No. 2: In view of my findings to the above point, I proceed to pass the following:
ORDER The petition by the petitioners under section 372 of the Indian Succession Act, 1925 is hereby allowed.
Issue Succession certificate in the name of petitioners in respect of shares, all bank deposits, FD and SB account, i.e., to say in 14 respect of the property mentioned in the petition schedule after furnishing duty.
(Dictated to the Judgment Writer, transcribed, computerized and printout taken by her, revised and then pronounced by me in the open court on this the 17th day of December 2019.) (Sadananda M.Doddamani) XXV ADDL. CITY CIVIL & SESSIONS JUDGE, BANGALORE.
ANNEXURE Witnesses examined for the plaintiff/s :
PW1 - A.Jayanthi Witness examined for the defendant/s Nil Documents marked for the plaintiff/s :
Ex.P1 - Death certificate of father of petitioners Ex.P2 - Death certificate of mother of petitioners Ex.P3 - Letter issued by Kotak Mahindra Bank Ex.P.4 - Share certificate Ex.P.5 - Letter issued by Kotak Mahindra Bank 15 Ex.P.6 - Share certificate Ex.P.7 - Demat statement issued by Kotak Mahindra Bank Ex.P.8 - Saving Deposit Account document of Kotak Mahindra Bank Ex.P.9 - Passbook of Shree Subramanyeswara Co-operative Bank Limited Ex.P.10 - FDR Ex.P.11 - 33 Share certificates Ex.P.12 - Survival certificate Ex.P.13 - Application given to Karvy Computershare Private Limited Ex.P.14 - Reply letter given by Kotak Mahindra Bank Ex.P.15 - Application given to Karvy Computershare Private Limited Ex.P.16 - Reply letter given by Kotak Mahindra Bank Documents marked for the defendant/s :
Nil (Sadananda M.Doddamani) XXV ADDL. CITY CIVIL & SESSIONS JUDGE, BANGALORE.
16 17 Judgment pronounced in the open court (vide separate detailed Judgment) ORDER The petition by the petitioners under section 372 of the Indian Succession Act, 1925 is hereby allowed.
18 Issue Succession certificate in the name of petitioners in respect of shares, all bank deposits, FD and SB account, i.e., to say in respect of the property mentioned in the petition schedule after furnishing duty.
XXV ADDL. CITY CIVIL & SESSIONS JUDGE, BANGALORE.
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