Karnataka High Court
Mr. Vaidyanathan Chandran vs Nil on 7 September, 2023
Author: Pradeep Singh Yerur
Bench: Pradeep Singh Yerur
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NC: 2023:KHC:32346
PROB.CP No. 14 of 2023
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 7TH DAY OF SEPTEMBER, 2023
BEFORE
THE HON'BLE MR JUSTICE PRADEEP SINGH YERUR
PROBATE CIVIL PETITION NO. 14 OF 2023
BETWEEN:
1. MR. VAIDYANATHAN CHANDRAN,
ALSO KNOWN V. CHANDRAN,
S/O LATE CHELAKARA VAIDYANATHAN
AND LATE RAJALAKSHMI ALSO KNOWN AS
RAJALAKSHMI VAIDYANATHAN,
AGED ABOUT 73 YEARS,
RESIDING AT NO.C-3/131,
3RD FLOOR, SOBHA ZIRCON,
GARDEN ESTATE, JAKKUR,
BENGALURU - 560 064.
2. MR. RAVI VENKATESH NATHAN,
ALSO KNOWN AS RAVI V. NATHAN,
S/O LATE CHELAKARA VAIDYANATHAN
AND LATE RAJALAKSHMI ALSO KNOWN AS
RAJALAKSHMI VAIDYANATHAN
Digitally AGED ABOUT 64 YEARS,
signed by
CHAITHRA P RESIDING AT 811, EL CAMINO ROAD,
Location:
High Court of OJAI, CALIFORNIA - 93023,
Karnataka
USA.
REPRESENTED BY HIS
SPECIFIC POWER OF ATTORNEY HOLDER,
MR. V. RAMANATHAN.
3. MR. V. RAMANATHAN,
S/O LATE CHELAKARA VAIDYANATHAN
AND LATE RAJALAKSHMI ALSO KNOWN AS
RAJALAKSHMI VAIDYANATHAN,
AGED ABOUT 56 YEARS,
RESIDING AT NO. 462 AND 462/1,
4TH MAIN, 15TH CROSS,
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NC: 2023:KHC:32346
PROB.CP No. 14 of 2023
INDIRANAGAR II STAGE,
BENGALURU - 560 038.
...PETITIONERS
(BY SRI. VIVEKANAND ANTHONY BRITTO, ADVOCATE)
AND:
NIL
...RESPONDENT
THIS PROBATE CIVIL PETITION IS FILED UNDER PART X,
SECTION 372 READ WITH SECTION 47 OF THE INDIAN
SUCCESSION ACT, 1925, PRAYING TO GRANT SUCCESSION
CERTIFICATE IN RESPECT OF THE MOVABLE PROPERTIES OF
MRS.RAJALAKSHMI ALSO KNOWN AS RAJALAKSHMI
VIDYANATHAN (INTESTATE AND DECEASED), IN COMMON
FORM, IN FAVOUR OF THE PETITIONERS TO HAVE EFFECT
THROUGHOUT THE UNION OF INDIA UNDER SECTION 372 OF
THE INDIAN SUCCESSION ACT, 1925 AND ANY AMENDMENTS
THERETO & ETC.
THIS PETITION, COMING ON FOR HEARING, THIS DAY,
THE COURT MADE THE FOLLOWING:
ORDER
Heard Sri Vivekanand Anthony Britto, learned counsel for petitioners.
2. This petition is filed by the petitioners under Part X Section 372 read with Section 47 of the Indian Succession Act, 1925 for grant of Succession Certificate in respect of movable properties of Mrs.Rajalakshmi also known as Rajalakshmi -3- NC: 2023:KHC:32346 PROB.CP No. 14 of 2023 Vaidyanathan in favour of the petitioners to have effect throughout the Union of India.
2.1 Mrs.Rajalakshmi also known as Rajalakshmi Vaidyanathan, who was a Hindu by religion and died intestate on 16.02.2009 at Chennai. It is the contention of the petitioners that prior to her death, she was residing in Bengaluru with petitioner No.1 which was her fixed place of abode. It is further contended that deceased Rajalakshmi was residing in Chennai for sometime. Unfortunately and unexpectedly, she died due to heart attack at Chennai. The original death certificate issued by the Department of Public Health, Corporation of Chennai, State of Tamil Nadu has been produced along with this petition.
2.2 It is stated that Mrs.Rajalakshmi also known as Rajalakshmi Vaidyanathan was married to Mr.Chelakara Vaidyanathan and he predeceased her on 27.12.1997. From their wedlock, they had three children, the petitioners herein. Mrs.Rajalakshmi also known as Rajalakshmi Vaidyanathan died intestate leaving behind the petitioners as her only surviving legal heirs, who are none other than her sons. -4-
NC: 2023:KHC:32346 PROB.CP No. 14 of 2023 2.3 Mrs.Rajalakshmi has died leaving behind the movable properties, which are mentioned in the affidavit of assets annexed to this petition. The details of the shares stands in the name of the deceased Mrs.Rajalakshmi:
a) The Andhra Petrochemicals Limited;
b) Kothari Sugar and Chemicals Ltd.;
c) Ascu Hickson Limited.
2.4 In view of the petitioners being the legal heirs of deceased Mrs.Rajalakshmi, they would be entitled to the assets of deceased, so also, the dividends, rights, shares and bonus shares belonging to their mother, deceased Mrs.Rajalakshmi.
2.5 It is further contended by the petitioners, pursuant to the death of their mother, they also discovered certain demat holding shares in Cholamandalam Financial Holdings Limited to the extent of 3330 shares and shares of 3330 in Tube Investment India Limited standing in the name of deceased Mrs.Rajalakshmi. It is further stated that these shares are stored in KFIN Technologies Limited in their email Ref: TIF8081/RAJESH12 dated 30th January, 2023 and also they have stated that 3330 share of Cholamandalam Financial -5- NC: 2023:KHC:32346 PROB.CP No. 14 of 2023 Holdings Limited are transferred to Investor Education and Protection Fund (IEPF) and hence, IEPF is presently holding the same.
2.6 The petitioners being the legal heirs of deceased Mrs.Rajalakshmi, they would be entitled to the assets of the deceased so also dividends, rights shares, bonus shares. It is also stated by petitioner Nos.1 and 3 are the Indian citizens, whereas petitioner No.2 being a Non-Resident of India, is a American citizen. Therefore, petitioner Nos.1 and 3 were ordered to open the Dematerialisation Account (Demat Account) in their names being resident of Bengaluru, for which, petitioner No.2 would provide NOC and further authorising his brothers to open a Demat Account in their joint names. It is also stated that petitioner Nos.1 and 3 hereby undertake and duly affirm that the proceeds from the transfer of shares and the unclaimed dividends standing in the name of deceased Mrs.Rajalakshmi will be divided equally among the three petitioners, who are the children and the legal heirs of deceased Mrs.Rajalakshmi.
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NC: 2023:KHC:32346 PROB.CP No. 14 of 2023
3. Petitioner Nos.1 and 3 have filed an affidavit today, wherein they have stated that they shall be permitted to open Demat Account in their joint names to enable the transfer of shares standing in the name of their mother, deceased Mrs.Rajalakshmi. It is also stated by them, on oath, that pursuant to the transfer of the shares into the joint Demat Account, they sell the same within 60 days therefrom and divide the proceeds of the outcome of the sale into three equal shares to each of the petitioners respectively. Petitioner Nos.1 and 3 have also undertaken, on oath, that 1/3rd of the proceeds earned from the sale of the said shares shall be transferred to the account of petitioner No.2 bearing NRO account No.54008598023, the State Bank of India, ADE Branch, Bengaluru, having IFSC code SBIN0006538, within 30 days from the date of sale of the shares.
4. In view of the affidavit on oath filed by petitioner Nos.1 and 3 and also verifying affidavit of petitioner No.2 in respect of grant of Succession Certificate and petitioners having taken out citation in the newspapers publication in the English daily 'The Hindu' Bengaluru Edition, Kannada Daily 'Udayavani' Bengaluru Edition and English daily 'The Financial Express' -7- NC: 2023:KHC:32346 PROB.CP No. 14 of 2023 Chennai Edition, there is no rival claims whatsoever by anyone than the petitioners, the petitioners shall be entitled for grant of Succession Certificate. Therefore, I do not find any legal impediment to grant Succession Certificate in favour of the petitioners and petitioner Nos.1 and 3 shall comply with the terms and conditions in favour of petitioner No.2 mentioned in the affidavit filed on 07.09.2023. Accordingly, I proceed to pass the following:
ORDER
i) The Succession Certificate is granted in respect of movable properties of Mrs.Rajalakshmi also known as Rajalakshmi Vaidyanathan in favour of the petitioners to have effect throughout the Union of India;
ii) The inventory shall be submitted by the petitioners within a period of six (06) months from the date of grant of Succession Certificate;
iii) The final accounts shall be submitted by the petitioners within a period of twelve (12) months i.e. one year from the date of grant of Succession Certificate.
Sd/-
JUDGE CPN CT: ABS