Bangalore District Court
Mrs.Jyotsna D.Bhandarkar vs Nil on 15 November, 2016
IN THE COURT OF THE XIX ADDL. CITY CIVIL &
SESSIONS JUDGE AT BANGALORE CITY: (CCH.18)
Dated this the 15th day of November, 2016.
Present
SMT.K.B.GEETHA, M.A., LL.B.,
XIX ADDL. CITY CIVIL & SESSIONS JUDGE,
BANGALORE CITY.
P & SC.No.333/2015
PETITIONERS: 1. Mrs.Jyotsna D.Bhandarkar
Aged about 67 years,
W/o Late Mr.Dileep Bhandarkar
2. Mr.Nikhil Bhandarkar,
Aged about 32 years,
S/o Late Mr.Dileep Bhandarkar
3. Ms.Shilpa Bhandarkar,
Aged about 37 years,
D/o Late Mr.Dileep Bhandarkar
All of them Residing at :
No.122,3rd Main, Defence Colony
HAL II stage, Indiranagar,
Bangalore-560 038.
(By Smt. Meena Venugopal
Advocate)
-VS-
RESPONDENT : - NIL-
ORDERS
The petitioners have filed this petition U/S.372 of the
Indian Succession Act, praying for grant of succession
2 P&SC.No.333/2015
certificate in favour of petitioner No.1 in respect of petition
schedule property and for such other reliefs.
2. The case of petitioners in nutshell is that petitioner No.1
is the wife and petitioner Nos.2 & 3 are children of late
Mr.Dileep Mangesh Bhandarkar. Petitioner No.1 married to
Mr.Dileep Mangesh Bhandarkar in the year 1976 and
petitioners No.2 & 3 were born to them from said wedlock.
Mr.Dileep Mangesh Bhandarkar died on 18.07.2007 leaving
behind only petitioners as his legal heirs. Mr.Dileep Mangesh
Bhandarkar had 140 shares of Glaxosmithkline
Pharmaceuticlas Ltd., in Karvy Computershare Pvt. Ltd.,
having share certificate No.1141469 from 78297368 to
78297507. Mr.Dileep Mangesh Bhandarkar had not
nominated anyone to his account nor did make any Will in
favour of anyone to succeed his estate pertaining to this
property. Petitioner No.1 approached Karvy Computershare
Pvt. Ltd., requesting them to provide instructions to the
concerned office to transfer the shares held in her husband's
name to her name but the company requested the petitioner
3 P&SC.No.333/2015
No.1 to provide succession certificate to transfer the same.
Deceased Mr.Dileep Mangesh Bhandarkar was living in the
address mentioned in the cause title with his wife and
children prior to his death. Hence, the petition for
appropriate releifs.
3. After filing the petition, as per section 373 (2) of Indian
Succession Act, petitioners have taken paper publication
pertaining to this petition in "Samyuktha Karnataka" daily
news paper. Even after such publication regarding this
petition, nobody has come forward and contested the
petition.
4. On behalf of petitioners, petitioner No.1 is examined as
P.W.1, got marked Ex.P.1 to Ex.P.10 and closed their side.
5. Heard argument of learned counsel for petitioners.
[
6. From the above facts, the point that arises for
consideration is:-
"Whether the petitioners are entitled to
get Succession Certificate pertaining to
petition schedule shares in the name of first
petitioner?"
4 P&SC.No.333/2015
7. Finding of this Court on the above point is in
affirmative for the following:-
REASONS
8. The petitioners have filed this petition U/S.372 of the
Indian Succession Act, praying for grant of succession
certificate in respect of schedule equity shares 140 shares of
Glaxosmithkline Pharmaceuticals Ltd., bearing Certificate
No.1141469, Dist From 78297368 Dist to 78297507 in Karvy
Computershare Pvt. Ltd., of late Mr.Dileep Mangesh
Bhandarkar in the name of petitioner No.1.
9. They further contended that the petitioner No.1 is
the wife, petitioner Nos.2 & 3 are children of late Mr.Dileep
Mangesh Bhandarkar. They further contended that late
Mr.Dileep Mangesh Bhandarkar was residing with petitioners
in the petition cause title address i.e., at No.122,3rd Main,
Defence Colony, HAL II stage, Indiranagar,Bangalore-560
038 and died intestate on 18/07/22007 leaving behind
petitioners as his legal heirs entitled to succeed his estate.
Petitioners have produced the Death certificate of deceased
5 P&SC.No.333/2015
Mr.Dileep Mangesh Bhandarkar as per Ex.P.6. It reveals that
on 18.07.2007, Mr.Dileep Mangesh Bhandarkar died at
Bangalore Institute of Oncology and his permanent address
is as mentioned in this petition and in Ex.P.6 are one of the
same. The petitioners have also produced the Aadhar Card
of 1st petitioner, Aadhar Card of 2nd petitioner and PAN card
of 3rd petitioner as per Ex.P.3 to 5. They reveal that
petitioners No.1 & 2 are residing in the same cause title
address as mentioned in the petition. Address of petitioner
No.3 is not mentioned in the PAN card.
10. Petitioners have stated in the petition and also in
the affidavit evidence of 1st petitioner that petitioners are the
only legal heirs of deceased Mr.Dileep Mangesh Bhandarkar.
11. As discussed above, the deceased Mr.Dileep
Mangesh Bhandarkar was resident of Bengaluru. Petitioners
No.1 & 2 are also permanent residents of Bengaluru. Hence,
this court has got jurisdiction to grant succession certificate.
Even after paper publication as required under S.373 of
Indian Succession Act, no one has come forward to contest
the petition.
6 P&SC.No.333/2015
12. Petitioners contended that deceased Mr.Dileep Mangesh
Bhandarkar left behind 140 shares of Glaxosmithkline
Pharmaceuticals Ltd., bearing Certificate No.1141469, Dist
From 78297368 Dist to 78297507 in Karvy Computershare
Pvt. Ltd., and has not left any Will and died intestate. To
Substantiate that deceased Mr.Dileep Mangesh Bhandarkar
had these shares, petitioners have produced Ex.P.8. It
reveals that deceased Mr.Dileep M Bhandarkar was having
140 shares of Glaxosmithkline Pharmaceuticals Ltd., and it
was incorporated in their ledger Folio/client ID.0312069. This
document reveals that deceased Mr.Dileep Mangesh
Bhandarkar has left behind the schedule 140 shares at
Glaxosmithkline Pharmaceuticals Ltd.
13. Petitioners have also produced letter written by
Karvy Computershare Pvt. Ltd., as per Ex.P.9 dated
16.07.2014. This letter reveals that 1st petitioner has given
application for transfer of 140 shares bearing Certificate
No.1141469, Dist From 78297368 Dist to 78297507 standing
in the name of her husband into her name and then Karvy
Computershares Pvt. Ltd., has written this letter and also
7 P&SC.No.333/2015
letter per Ex.P.10 dated 20.11.2015 to her to obtain
succession certificate from the Court.
14. All the above facts clearly establish that petitioners
are only LRs of deceased Mr.Dileep Mangesh Bhandarkar and
they are entitled for succession certificate pertaining to
petition schedule 140 shares shares of Glaxosmithkline
Pharmaceuticals Ltd., bearing certificate No.1141469, Dist
From 78297368 Dist to 78297507 in Karvy Computershares
Pvt., Ltd.
15. Petitioners prayed for grant of succession
certificate in the name of 1st petitioner only. In this regard
petitioners No.2 & 3 have stated in their General Power of
Attorneys executed as per Ex.P.1 & 2 that they have
nominated the 1st petitioner as their power of attorney
holder to receive any property on their behalf and to deal
with such properties as 1st petitioner think fit proper.
Accordingly, the point under consideration is answered in
affirmative and this court proceeds to pass the following:-
8 P&SC.No.333/2015
ORDER
Petition filed by petitioners U/S.372 of the Indian Succession Act is allowed.
Office is directed to issue succession certificate in favour of 1st petitioner on her behalf and also on behalf of petitioner Nos.2 & 3 and thereby empowering 1st petitioner to get transfer the shares in to her name with a direction to disburse 1/3rd each of the shares in to the names of petitioner No.2 & 3 pertaining to 140 shares of Glaxosmithkline Pharmaceuticals Ltd., bearing certificate No.1141469, Dist From 78297368 Dist to 78297507 in Karvy Computershares Pvt., Ltd.
(Dictated to the Stenographer transcribed and computerized by her, corrected and then pronounced by me in the open Court on this the 15th day of November, 2016).
(K.B.GEETHA) XIX ADDL.CITY CIVIL & SESSIONS JUDGE, BANGALORE CITY.
9 P&SC.No.333/2015ANNEXURE I. List of witnesses examined on behalf of :
(a) Petitioners' side :
P.W.1 - Jyotsna D.Bhandarkar
b) Respondent's side : Nil II. List of documents exhibited on behalf of :
(a) Petitioners' side :
Ex.P.1 & Ex.P.2 Power of Attorneys Ex.P.3 Aadhar Card Ex.P.4 Aadhar Card Ex.P.5 PAN Card Ex.P.6 Death Certificate Ex.P.7 Family Tree Ex.P.8 Letter Ex.P.9 & 10 Two letters
(b) Respondent's side :
- NIL-
XIX ADDL.CITY CIVIL & SESSIONS JUDGE, BANGALORE CITY.10 P&SC.No.333/2015
Order pronounced in open court vide separate detailed order with the following operative portion:-
ORDER Petition filed by petitioners U/S.372 of the Indian Succession Act is allowed.
Office is directed to issue succession certificate in favour of 1st petitioner on her behalf and also on behalf of petitioner Nos.2 & 3 and thereby empowering 1st petitioner to get transfer the shares in to her name with a direction to disburse 1/3rd each of the shares in to the names of petitioner No.2 & 3 pertaining to 140 shares of Glaxosmithkline Pharmaceuticals Ltd., bearing certificate No.1141469, Dist From 78297368 Dist to 78297507 in Karvy Computershares Pvt., Ltd.
(K.B.GEETHA) XIX ADDL.CITY CIVIL & 11 P&SC.No.333/2015 SESSIONS JUDGE, BANGALORE CITY.