Bangalore District Court
Sri.D.Ravichandra vs Nil on 23 July, 2018
IN THE COURT OF THE LXI ADDL. CITY CIVIL,
SESSIONS JUDGE: BENGALURU CITY
Dated this the 23rd day of July, 2018
-: PRESENT :-
SRI. Sunildutt Annappa Chikkorde, M.A. LL.M.,
LXI Addl. City Civil & Sessions Judge,
Bangalore.
P & SC. NO.450/2017
Petitioner/s : 1. Sri.D.Ravichandra
S/o.Doraiswamy
Aged about 63 years
2. Sri Rohit Ravichandra
S/o.Doraiswamy
Aged about 29 years
3. Ms.Riddhi Ravichandra
D/o.D.Ravichandran
Aged 23 years
All are R/a.D-10, Usha's Apartments,
No.26, 16th Main, 4th Block, Jayanagara,
Bangalore-11.
(By Sri.P.R.B.N., Advocate)
V/s.
Respondent/s : NIL
ORDER
The petitioners have filed this petition under Section 372 of Indian Succession Act praying for granting Succession Certificate in favour of 1st petitioner in respect of Schedule properties standing in the name of Prasanna Kumari 2 P & SC No.450/2017 Ravichandran (Maiden Name:PrasannaKumar.K.S.) and for grant of such other relief's.
SCHEDULE
1. Shares in Gujarat Ambuja Cements Limited Share No. of Shares Face Value Total Value Certificate No. 634918 128 Rs.10 Each Rs.1280/-
634919 28 Rs.10 Each Rs.280/-
380930 100 Rs.10 Each Rs.1000/-
380931 25 Rs.10 Each Rs.250/-
380932 3 Rs.10 Each Rs.30/-
TOTAL Rs.2,840/-
2. Shares in Vijaya Bank
Share No. of Shares Face Value Total Value
Certificate No.
367733 100 Rs.10 each Rs.1,000/-
367734 100 Rs.10 each Rs.1,000/-
TOTAL Rs.2,000/-
3. Shares in CMC Limited
Share No. of Shares Face Value Total Value
Certificate No.
36822 10 Rs.10 each Rs.100/-
TOTAL Rs.100/-
4. Shares in MRO - TEK Limited
Share No. of Shares Face Value Total Value
Certificate No.
797 100 Rs.5 each Rs.500/-
TOTAL Rs.500/-
3 P & SC No.450/2017
2. After registration of the petition, the notice was issued through paper publication, but no one appeared to contest the case of the petitioners. So, the petitioners were directed to proceed ex-parte.
3. The petitioners inorder to prove their case examined themselves as P.W.1 to P.W.3 respectively and in all got marked thirteen documents at Ex.P.1 to Ex.P.13 and closed their side evidence.
4. Heard arguments and perused the entire records.
5. The following points arise for my consideration:
(1) Whether the petition is fit to be allowed ? (2) What Order ?
6. My findings on the above points are as under:
POINT No.1 - In the Affirmative, POINT No.2 - As per the final order, for the following :
REASONS
7. POINT No.1:- It is the specific case of the petitioners that petitioner No.1 is the husband and petitioner No.2 and 3 are the children of Late Prasanna Kumari. Smt.Prasanna Kumari Ravichandran also referred to as Prasanna Kumari.K.S. died on 26.10.2010 leaving behind petitioner No.1 to 3 to succeed to her estate. Late Prasanna Kumari during her life time had 4 P & SC No.450/2017 purchased shares in four companies viz. Gujarat Ambuja Cement, Vijaya Bank, CMC Ltd., and MRO - TEK Ltd., The share certificate of Gujarat Ambuja Cements ltd., and Vijaya Bank is issued in the maiden name of PRasanna Kumari i.e., Prasanna Kuamr.K.S. The share certificate of CMC Ltd., and MRO-TEK Ltd., is issued in the name of the Prasanna Kumari Ravichandran which she acquired after her marriage with petitioner No.1. The petitioners being the only legal heirs of Late PRasanna Kumari filed petition for grant of successions certificate in relation to transfer of shares standing in the name of Prasanna Kumari. Petitioners No.1 to 3 approached Sharepro Services (INDIA) Private Limited., who was handling the account of the deceased Prasanna Kuamru and requested them to transfer the shares held by my late wife into his name. The Sharepro Services (INDIA) Private Ltd., informed them to obtain succession certificate from the competent court. Deceased Prasanna Kumari Ravichandran has not executed any will at the time of her death and she died intestate leaving behind the petitioners as her only surviving legal heirs. Petitioners No.2 to 3 who are the son and daughter of petitioner No.1 and late Prasanna Kumari Ravichandran have no objection for grant of successions certificate in favour petitioner No.1. late Prasanna Kumari Ravichandran was permanent resident of Bangalore . Hence, this petition.
8. P.W.1 to 3 have reiterated the averments of the petition in their respective evidence and produced Ex.P.1 to 5 P & SC No.450/2017 Ex.P.13 i.e., Ex.P.1- Death Certificate of Prasanna Kumari, Ex.P.2-Genealogical Tree of D.Ravichandran and PRasanna Kumari , Ex.P.3-Ration card of Prasanna Kumari , Ex.P.4- to 8 - Five share certificate of Gujarath Ambuja Cements Ltd., Ex.P.9 - One Share Certificate of MRO-TEK Ltd., Ex.P.10- and 11 - Two share certificates of Vijaya Bank, Ex.P.12-One Share Certificate of CMC Ltd., Ex.P.13- Letter dt.31.7.2013 issued by Sharepro Services (India) Pvt. Ltd.,
9. In this case, since no one appeared and contested the case of the petitioners, the evidence of P.W.1 to 3 which is made on oath has remained unchallenged and uncontroverted and also there is nothing on the record to disbelieve the evidence of PW-1 to 3 and above documentary evidence which is corroborating to each other and it is also clear from the evidence of PW-2 and 3 that they have specially deposed in their examination in chief itself that they have no objection and consented for issuance of succession certificate in favour of their father i.e., petitioner No.1. So, I find nothing to discard the prayer of the petitioners. Thus, the petitioners are entitled for the relief claimed in the petition. As such, I answer the Point No.1 in the Affirmative.
10. POINT No.2:- Having regard to my above observations and finding on Point No.1 in the Affirmative, I proceed to pass the following:-
6 P & SC No.450/2017ORDER The petition filed by the petitioners under Section 372 of Indian Succession Act is allowed. No order as to costs.
Issue Succession Certificate in favour of the petitioner No.1 as prayed after getting requisite stamp duty.
(Dictated to the stenographer directly on the computer, thereof is corrected and then pronounced by me in the open court on this the 23rd day of July 2018).
(S.A.Chikkorde), LXI Addl. City Civil & Sessions Judge Bangalore City.
ANNEXURE I. LIST OF WITNESSES EXAMINED ON BEHALF OF THE PETITIONER :
P.W.1 D.Ravichandran 13.6.18
P.W.2 Rohit Ravichandran 13.6.18
P.W.3 Ms.Riddhi Ravichandran 13.6.18
II LIST OF DOCUMENTS PRODUCED & EXHIBITED ON BEHALF OF THE PETITIONER :
Ex.P.1 Death Certificate of Prassanna Kumari Ex.P.2 Genealogical Tree of D.Ravichandran & Prasanna Kumari Ex.P.3 Ration Card of Prasanna Kumari 7 P & SC No.450/2017 Ex.P.4 5 - Share Certificates of Gujarat Ambuja Cements to P.8 Ltd Ex.P.9 One Share Certificate of MRO-TEK Ltd Ex.P.10 2 - Share Certificates of Vijaya Bank & P.11 Ex.P.12 One Share Certificate of CMC Ltd Ex.P.13 Letter dtd:31.07.2013 issued by Sharepro Services (India) Pvt. Ltd.
III. LIST OF WITNESSES EXAMINED AND DOCUMENTS PRODUCED & EXHIBITED ON BEHALF OF RESPONDENT :
-NIL-
(S.A.Chikkorde), LXI Addl. City Civil & Sessions Judge Bangalore City.8 P & SC No.450/2017
23.7.2018 Petitioner-PRBN Re-NIL For order Order pronounced in open Court (vide separate order) with the following operative portion:-
ORDER The petition filed by the petitioners under Section 372 of Indian Succession Act is allowed. No order as to costs.
Issue Succession Certificate in favour of the petitioner No.1 as prayed after getting requisite stamp duty.
(S.A.Chikkorde), LXI ACC & SJ Bangalore.