Bangalore District Court
Smt. A.R. Prema vs Nil on 13 July, 2021
1
P & Sc No. 82/2021
IN THE COURT OF THE LXXV ADDITIONAL CITY CIVIL AND
SESSION JUDGE AT BENGALURU CITY (CCH76)
: Present:
Sri. N. Sunil Kumar Singh, B.com., LL.B.,
LXXV Addl.City Civil & Session Judge,
Bengaluru
Dated on this the 13th day of July 2021
P & Sc No.82/2021
Petitioner/s 1. Smt. A.R. Prema,
Aged about 59 years,
W/o. Late A.M.Ramaraju,
R/at. No. 536, 10th Main,
5th Block, Jayanagar,
Bengaluru 560 041.
2. Smt.A.R. Gayathri.
Aged about 40 years,
W/o. Mr. Damodara Doreswamy Raju,
D/o. Late A.M. Ramaraju,
R/at. No.6, 3rd Cross, K.R.Layout,
6th Phase, J.P.Nagar,
Bengaluru 560 078.
3. Smt. A.R.Shruthi,
Aged about 34 years,
W/o. Achuthaya Bhatkal Ramakrishna
D/o. Late. A.M.Ramaraju,
R/at. No. 536, 10th Main,
5th Block, Jayanagar,
Bengaluru 560 041.
[By Sri. Satish.N]
/V e r s u s/
Respondent/s NIL
2
P & Sc No. 82/2021
ORDER
This petition is filed by the petitioners U/S 372 of Indian Succession Act of 1925.
2. The fact in brief of the petitioners case is that, the petitioners are wife and daughers of late Sri. A.M. Ramaraju and during the lifetime of Sri.A.M. Ramaraju he has acquired shares and debentures of various companies as detailed below;
Sl. Strip Name ISIN Code Total Valuation
No. Qty
1 Blue Horizon Hotels INE416S01012 60000 6,00,000/
Private Limited EQ
2 Raja Angsana INE719T01017 24515 2,45,150/
Construction Private
Limited - EQ CLASS A
3 Raja Angsana INE719T01025 500 5,000/
Construction Private
Limited - EQ CLASS B
4 Raja Symphonye INE718T01019 24515 2,45,150/
Housing Private
Limited - EQ CLASS A
5 Raja Symphonye INE718T010127 500 5,000/
Housing Private
Limited - EQ CLASS B
6 Can Fin Homes Ltd. 6411301 To 100 1,000/
Equity Shares of Rs. 10 6411400
each
3
P & Sc No. 82/2021
3. The said shares and debentures were held by A.M. Ramaraju during his lifetime and A.M. Ramaraju, died interstate on 11062018 leaving behind petitioners as legal representatives. The 1st petitioner being the wife of A.M. Ramaraju and petitioners no. 2 & 3 being the daughters and also as classI heirs as per Hindu Succession Act are entitled for the above said shares and debentures held by deceased A.M.Ramaraju. The petitioners are entitled for 1/3rd shares each in the petition schedule shares and debentures. The deceased A.M Ramaraju also held Mitsubishi Lancer car bearing Registration No. KA01 MA 6669 and the RC Book and other documents of the said car were held in the name of deceased A.M Ramaraju. Thus, the petitioners have applied for grant of succession certificate so as to enable them to secure the said shares and debentures held by deceased A.M.Ramaraju into their name and also to got changed the RC Book of the car into their name. Hence prayed to allow the petition.
4. The claim of the petitioners is not opposed by any persons despite of publishing the same in 'Kannada Prabha' Daily 4 P & Sc No. 82/2021 newspaper dated 19022021. Hence the case was posted for evidence of the petitioners.
5. In order to prove the case of the petitioners, the 3 rd petitioner is examined herself as PW1 by filing her affidavit evidence and got marked documents Ex.P.1 to Ex.P.8 and prayed to allow the petition.
6. Heard arguments of petitioners side.
7. The point that arises for my consideration is;
1. Whether the petitioners are entitled for succession certificate as prayed in the petition U/s. 372 of Indian Succession Act?
2. What order?
8. My findings to the above points are as follows:
POINT NO.1 : In partly Affirmative
POINT NO.2 : As per final order for the following:
REASONS
9. POINT NO.1: The brief averments of the petitioners case is that, the petitioners are wife and daughers of late Sri. A.M. 5 P & Sc No. 82/2021 Ramaraju and during the lifetime of Sri.A.M. Ramaraju he has acquired shares and debentures of various companies as detailed below;
Sl. Strip Name ISIN Code Total Valuation
No. Qty
1 Blue Horizon Hotels INE416S01012 60000 6,00,000/
Private Limited EQ
2 Raja Angsana INE719T01017 24515 2,45,150/
Construction Private
Limited - EQ CLASS A
3 Raja Angsana INE719T01025 500 5,000/
Construction Private
Limited - EQ CLASS B
4 Raja Symphonye INE718T01019 24515 2,45,150/
Housing Private
Limited - EQ CLASS A
5 Raja Symphonye INE718T010127 500 5,000/
Housing Private
Limited - EQ CLASS B
6 Can Fin Homes Ltd. 6411301 To 100 1,000/
Equity Shares of Rs. 10 6411400
each
10. The said shares and debentures were held by A.M. Ramaraju during his lifetime and A.M. Ramaraju, died interstate on 11062018 leaving behind petitioners as legal representatives. The 1st petitioner being the wife of A.M. Ramaraju 6 P & Sc No. 82/2021 and petitioners no. 2 & 3 being the daughters and also as classI heirs as per Hindu Succession Act are entitled for the above said shares and debentures held by deceased A.M.Ramaraju. The petitioners are entitled for 1/3rd shares each in the petition schedule shares and debentures. The deceased A.M Ramaraju also held Mitsubishi Lancer car bearing Registration No. KA01 MA 6669 and the RC Book and other documents of the said car were held in the name of deceased A.M Ramaraju. Thus, the petitioners have applied for grant of succession certificate so as to enable them to secure the said shares and debentures held by deceased A.M.Ramaraju into their name and also to got changed the RC Book of the car into their name.
11. In order to prove the case of the petitioners the petitioner no. 3 got examined herself as PW.1 by filing her affidavit evidence reiterated the petition averments and deposed that, Petitioner no. 1 is the wife and petitioner no. 2 & 3 are daughters of deceased A.M.Ramaraju and in order to substantiate the same the family tree issued by revenue authorities is marked as Ex.P.2 and affidavit of the family tree is marked as Ex.P.2(a). 7
P & Sc No. 82/2021 The copies of Aadhaar card of petitioners no. 1 to 3 are marked as Ex.P.3 to P.5. The recitals of Ex.P.2 to P.5 clearly discloses that the petitioner no. 1 is the wife and petitioners No. 2 & 3 are the daughters of A.M.Ramaraju.
12. PW1 further depose that her father Sri.A.M.Ramaraju held shares and debentures of various companies as detailed below in demat account no. DP ID No. IN302814.
Sl. Strip Name ISIN Code Total Valuation
No. Qty
1 Blue Horizon Hotels INE416S01012 60000 6,00,000/
Private Limited EQ
2 Raja Angsana INE719T01017 24515 2,45,150/
Construction Private
Limited - EQ CLASS A
3 Raja Angsana INE719T01025 500 5,000/
Construction Private
Limited - EQ CLASS B
4 Raja Symphonye INE718T01019 24515 2,45,150/
Housing Private
Limited - EQ CLASS A
5 Raja Symphonye INE718T010127 500 5,000/
Housing Private
Limited - EQ CLASS B
6 Can Fin Homes Ltd. 6411301 To 100 1,000/
Equity Shares of Rs. 10 6411400
each
8
P & Sc No. 82/2021
13. In order to substantiate the same the statement of demat account is marked as Ex.P.7 and share certificates are marked as Ex.P.6 & 8. The recitals of which clearly discloses that the above said shares and debentures worth Rs.11,01,300/ are held in the name of A.M.Ramaraju. It is further deposed by PW.1 that her father A.M.Ramaraju died interstate on 11062018 leaving behind the petitioners to succeed to the above said shares and debentures as legal representatives. In order to substantiate the same the death certificate of A.M.Ramaraju is marked as Ex.P.1. The recitals of Ex.P.1 clearly discloses that the husband of 1st petitioner and father of petitioners no. 2 & 3 died on 11062018. Admittedly the said A.M.Ramaraju not executed any such will or testament to bequeath the said shares and debentures in favour of any other person. Thus the petitioners being the legal representatives of deceased A.M.Ramaraju and they being ClassI heirs of deceased A.M.Ramaraju as per the provisions of Hindu Succession Act are entitled to succeed to the petition schedule shares and debentures. Since the claim of the petitioners is not opposed by any other person, despite of paper publication in 'Kannada Prabha' Daily newspaper dated: 9
P & Sc No. 82/2021 19.02.2021, their remains no grounds to disbelieve the claim of the petitioner. The petitioners have claimed that deceased A.M. Ramaraju held Car bearing No. KA 01 MA 6669. But to prove the same they have not produced any such documents on their behalf. But the petitioners have produced documents Ex.P.6 to 8 to prove that deceased A.M.Ramaraju was holding the shares and debentures as mentioned in the petition schedule. That being so there is no impediment to grant succession certificate as claimed by the petitioners in the present petition with respect to shares and debentures held by deceased A.M. Ramaraju. But they are not entitled for Succession Certificate with respect to the car held by A.M Ramaraju since, they have not produced any documents with regard to the said car. Accordingly, I hold Point No. 1 in partly Affirmative.
14. POINT NO. 2 : In view of my findings to Point No.1 above, I proceed to pass the following: ORDER The petition filed by the petitioners under Sec.372 of Indian Succession Act is partly allowed. 10
P & Sc No. 82/2021 The petitioners are entitled for Succession Certificate with respect to the shares and debentures held by deceased Sri.A.M.Ramaraju as mentioned in the petition schedule worth Rs. 11,01,300/.
The claim of the petitioners to issue Succession Certificate with respect to car baring Registration No. KA 01MA 6669 is hereby rejected.
Issue Succession Certificate in the name of petitioners on payment of necessary stamp duty.
No order as to cost.
[Dictated to the Stenographer, transcript thereof corrected, initialed and then pronounced by me, in the Open Court on this the 13th day of July 2021] [N.Sunil Kumar Singh] LXXV Additional City Civil and Session Judge Bengaluru.
ANNEXUERE List of witnesses examined for plaintiff: PW.1 A.R.Shruthi List of documents exhibited for plaintiff: Ex.P.1 Death Certificate of father of PW1 Ex.P.2 Genealogy tree issued by revenue authorities 11 P & Sc No. 82/2021 Ex.P.2(a) Affidavit annexed to Ex.P.2 Ex.P.3 Copy of Aadhaar card of mother of PW1 verified with original and copy is marked Ex.P.4 Copy of Aadhaar card of sister of PW1 verified with original and copy is marked Ex.P.5 Copy of Aadhaar card of PW1 verified with original and copy is marked Ex.P.6 Allotment cum refund advice of Canfin Homes Limited Ex.P.7 Statement of Holding Ex.P.8 Original share certificate issued by Canfin Homes Limited List of witnesses examined and documents exhibited for defendant/s:
..Nil..
[N.Sunil Kumar Singh] LXXV Additional City Civil and Session Judge Bengaluru