Madras High Court
Rules To Grant Succession Certificate ... vs Unknown on 2 April, 1992
O.P.No.603 of 2019
O.P.No.603 of 2019
K.KALYANASUNDARAM, J.
This Petition has been filed under Section 372 of the Indian Succession Act, 1925 read with Order XXV Rule 6 of the Madras High Court Original Side Rules to grant Succession Certificate in favour of the petitioners.
2. It is the case of the petitioners that the deceased V.Ranganathan and Ambica Ranganathan, ordinarily resided at No.49, Fifth Main Road, Jawahar Nagar, Agaram, Chennai-600 082 and died intestate on 04.03.1992 and 27.10.2005 respectively. The both deceased died intestate and left the property specified in the Schedule within the jurisdiction of this Court. Though due and diligent search has been made for a Will but none has been found. The both deceased at the time of death, left behind the petitioners herein, as their Class-I legal heirs, and they are entitled to the share of the estate.
3. The Succession Certificate is required for the purpose of transmission of shares/securities set out in the schedule thereto in the name of both petitioners jointly. The assets in respect of which the Succession Certificate is required are of the total value of Rs.33,24,400.00/-. No application has been made to any District Court or delegate or to any High Court for Probate of any Will of the deceased or for Letters of Administration with or without the Will 1/8 http://www.judis.nic.in O.P.No.603 of 2019 annexed to his properties and credits and no application has been made for a Succession Certificate in respect of any debt or security belonging to the estate of the deceased to any District Court or delegate or to any High Court.
4. The first petitioner examined herself as PW-1 and marked exhibits Exs.P1 to P27.
1. Ex.P1 is the computer generated death certificate of her husband V.Ranganathan, who died on 04.03.1992.
2. Ex.P2 is the photocopy of the Legal Heirship certificate dated 02.04.1992 in respect of her deceased husband V.Ranganathan (Marked after comparing and verifying with the original).
3. Ex.P3 is the computer generated death certificate of her daughter Ambica Ranganathan, who died on 27.10.2005.
4. Ex.P4 is the photocopy of the Legal Heirship certificate dated 03.02.2006 in respect of her deceased daughter Ambica Ranganathan (Marked after comparing and verifying with the original).
5. Ex.P5 is the original letter dated 15.12.2018 issued to her by Karvy Fintech Private Limited along with the photocopies of the share certificates (12 Nos) standing in the name of Vaidyanathaswamy Ranganathan issued by ABB Alstom Power India Limited (Photocopies of the share certificates are compared and verified with the originals).
6. Ex.P6 (series 2 Nos) are the original letters both dated 22.03.2019 addressed to me by MCS Share Transfer Agent Limited, along with the photocopies of the share certificates (2 Nos), viz., the share certificate bearing certificate No.22949 standing in the name of Vaidyanathaswamy Ranganathan and the share certificate bearing certificate No.22947 jointly standing in the name of Ambica Ranganathan and Vaidyanatha Swamy Ranganathan, both issued by Digjam Limited (Photocopies of the share certificates are compared and verified with the originals).
7. Ex.P7 is the webcopy of the letter dated 15.12.2018 addressed to her by Karvy Fintech Private Limited, along with the photocopy of the share 2/8 http://www.judis.nic.in O.P.No.603 of 2019 certificate bearing certificate No.3127608 standing in the name of Vaidyanathaswamy Ranganathan, issued by Grasim Industries Limited (Photocopy of the share certificate is compared and verified with the original).
8. Ex.P8 is the photocopy of the share certificate bearing certificate No.00007977 standing in the name of Vaidyanathaswamy Ranganathan, issued by Samruddhi Cement Limited, along with the printout of an article regarding merger of Samruddhi Cement with Ultra Tech Cement (Photocopy of the share certificate is compared and verified with the original).
9. Ex.P9 is the original letter dated 08.12.2018 addressed to her by Karvy Fintech Private Limited along with the photocopy of the share certificate bearing certificate No.00211838, standing in the name of Vaidyanathaswamy Ranganathan, issued by UltraTech Cement Limited (Photocopy of the share certificate is compared and verified with the original).
10. Ex.P10 is the webcopy of the letter dated 28.12.2018 addressed to her by MCS Share Transfer Agent Limited along with the photocopy of the share certificate bearing certificate No.SD0055277 standing in the name of Vaidyanathaswamy Ranganathan, issued by JK Lakshmi Cement Limited (Photocopy of the share certificate is compared and verified with the original).
11. Ex.P11 is the photocopy of the share certificate bearing certificate No.122571 standing in the name of Vaidyanathaswamy Ranganathan, issued by Mysore Cements Limited (Marked after comparing and verifying with the original).
12. Ex.P12 is the photocopy of the share certificate bearing certificate No.6366 standing in the name of Vaidyanathaswamy Ranganathan, issued by Stel Holdings Limited (Marked after comparing and verifying with the original).
13. Ex.P13 (series 5 Nos) are the photocopies of the share certificates standing in the name of Vaidyanathaswamy Ranganathan, issued by Harrisons Malayalam Limited (Marked after comparing and verifying with the originals).
14. Ex.P14 is the letter dated 30.12.2018 addressed to her by Karvy Computershare Private Limited along with the photocopy of the share 3/8 http://www.judis.nic.in O.P.No.603 of 2019 certificate bearing certificate No.62555658 standing in the name of Vaidyanathaswamy Ranganathan, issued by Reliance Industries Limited (Photocopy of the share certificate is compared and verified with the original).
15. Ex.P15 is the original letter dated 22.11.2018 addressed to her by Link Intime India Private Limited along with the photocopy of the share certificate bearing certificate No.644722 standing in the name of Vaidyanathaswamy Ranganathan, issued by Gujarat Ambuja Cements Limited and the original interim dividend certificate dated 20.08.2008 and the office copy of the notice dated 13.06.2019 sent by me through my counsel to Link Intime India Private Limited with postal receipt pasted on it (Photocopy of the share certificate is compared and verified with the original).
16. Ex.P16 is the original letter dated 14.12.2018 addressed to her by TSR Darashaw Limited along with the office copy of the notice dated 13.06.2019 sent by me through my counsel to TSR Darashaw Limited with postal receipt pasted on it.
17. Ex.P17 is the original letter dated 06.12.2018 addressed to her by Karvy Fintech Private Limited along with the photocopies of the share certificates (6 Nos) standing jointly in the names of Vaidyanathaswamy Ranganathan and Ambica Ranganathan, issued by Larsen & Toubro Limited and the office copy of the notice dated 13.06.2019 sent by her through her counsel to Karvy Fintech Private Limited with postal receipt pasted on it (Photocopies of the share certificates are compared and verified with the originals).
18. Ex.P18 is the letter dated 20.11.2018 addressed to her by Bigshare Services Private Limited along with the e-mail dated 08.08.2018 sent by her to Bigshare Serviced Private Limited and the photocopy of the share certificate bearing certificate No.0069479 standing jointly in the names of Vaidyanathaswamy Ranganathan and Ambica Ranganathan, issued by Lloyds Steels Industries Limited (Photocopy of the share certificate is compared and verified with the original).
19. Ex.P19 is the original letter dated 10.01.2019 addressed to her by Alankit Assignments Limited along with the photocopies of the share certificates (2 Nos) jointly standing in the names of Vaidyanathaswamy Ranganathan and Ambica Ranganathan, issued by Unitech Limited (Photocopies of the share certificates are compared and verified with the 4/8 http://www.judis.nic.in O.P.No.603 of 2019 originals).
20. Ex.P20 is the letter dated 20.11.2018 addressed to her by Bigshare Services Private Limited along with the e-mail dated 08.08.2018 sent by her to Bigshare Serviced Private Limited and the photocopy of the share certificate bearing certificate No.0071058 standing jointly in the names of Vaidyanathaswamy Ranganathan and Ambica Ranganathan, issued by Uttam Value Steels Limited (Photocopy of the share certificate is compared and verified with the original).
21. Ex.P21 is the original letter dated 12.12.2018 addressed to her by Karvy Fintech Private Limited along with the photocopies of the share certificates (4 Nos) jointly standing in the names of Vaidyanathaswamy Ranganathan and Ambica Ranganathan, issued by JSW Steel Limited (Photocopies of the share certificates are compared and verified with the originals).
22. Ex.P22 (series 6 Nos) are the photocopies of the share certificates (certificate No.001185668 jointly standing in the names of Vaidyanathaswamy Ranganathan and Ambica Ranganathan, certificate No.001185667 standing in the name of Ambica Ranganathan, certificate No.016000953 standing in the name of Vaidyanathaswamy Ranganathan, certificate No.016057159 standing in the name of Ambica Ranganathan, certificate No.015504018 jointly standing in the names of Vaidyanathaswamy Ranganathan and Ambica Ranganathan, certificate No.015670139 jointly standing in the names of Vaidyanathaswamy Ranganathan and Ambica Ranganathan) issued by Reliance Energy Ventures Limited and Reliance Energy Limited (Marked after comparing and verifying with the originals).
23. Ex.P23 (series 6 Nos) are the photocopies of the share certificates (certificate No.001185667 standing in the name ofAmbica Ranganathan, certificate No.001185668 jointly standing in the names of Vaidyanathaswamy Ranganathan and Ambica Ranganathan, certificate No.016600953 standing in the name of Vaidyanathaswamy Ranganathan, certificate No.016657159 standing in the name of Ambica Ranganathan, certificate No.016104018 jointly standing in the names of Vaidyanathaswamy Ranganathan and Ambica Ranganathan, certificate No.016270139 jointly standing in the names of Vaidyanathaswamy Ranganathan and Ambica Ranganathan) issued by Reliance Capital Ventures Limited and Reliance Capital Limited (Marked after comparing and verifying with the originals).
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24. Ex.P24 (series 2 Nos) are the photocopies of the share certificates bearing certificate No.001185667 standing in the name of Ambica Ranganathan and certificate No.001185668 jointly standing in the names of Vaidyanathaswamy Ranganathan and Ambica Ranganathan) issued by Reliance Communication Venture Limited (Marked after comparing and verifying with the originals).
25. Ex.P25 (series 4 Nos) are the photocopies of the share certificates (certificate No.001185668 jointly standing in the names of Vaidyanathaswamy Ranganathan and Ambica Ranganathan, certificate No.001185667 standing in the name of Ambica Ranganathan, certificate No.004777954 standing in the name of Ambica Ranganathan and certificate No.004777955 jointly standing in the names of Vaidyanathaswamy Ranganathan and Ambica Ranganathan), issued by Reliance Natural Resources Limited and Reliance Power Limited (Marked after comparing and verifying with the originals).
26. Ex.P26 is the website downloaded share price statement in respect of the share mentioned in the schedule to the petition.
27. Ex.P27 is a copy of paper publication effected in one issue of Tamil daily “Maalai Sudar” dated 06.09.2019.
She has further stated in her evidence that she has not filed any other petition seeking the same relief.
5. Considering the averments made in the petition and the documents filed by the petitioners, I am satisfied that the petitioners have succeeded the Estate of the deceased. Therefore, the petition is ordered as prayed for and a direction for grant of Succession Certificate to the petitioners with power to collect the securities and to receive interest and dividends, negotiate and transfer the Schedule mentioned securities, is issued. The petitioners are 6/8 http://www.judis.nic.in O.P.No.603 of 2019 directed to render account once in a year.
04.11.2019 KMI 7/8 http://www.judis.nic.in O.P.No.603 of 2019 K.KALYANASUNDARAM, J.
KMI O.P.No.603 of 2019 04.11.2019 8/8 http://www.judis.nic.in