Madras High Court
S.Venkatesan vs No on 4 December, 2025
OP No. 355 of 2025
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 04.12.2025
CORAM :
THE HONOURABLE MR.JUSTICE P.DHANABAL
O.P. No.355 of 2025
1. S.Venkatesan
2. S.Sriram ... Petitioners
PRAYER: Original Petition is filed under Section 372 of the Indian Succession
Act of 1925 read with Order XXV Rule 6 of the Original Side Rules praying to
grant Succession Certificate to the petitioners with power to collect the
securities specified in Schedule I.
For Petitioners : Mr.R.Krishnamurthy for
M/s Justison Legal
ORDER
This petition has been filed by the petitioners praying to grant Succession Certificate under Section 372 of the Indian Succession Act read with Order XXV Rule 6 of the Original Side Rules.
2. According to the petitioners, one M.S.Sivasubramanian died on 02.09.2017.
• The petitioners are the sons of the said M.S.Sivasubramanian.
The wife of the deceased M.S.Sivasubramanian and the mother of the petitioners predeceased her husband M.S.Sivasubramanian on 11.08.1995.
The said deceased M.S.Sivasubramanian, during his lifetime, had purchased https://www.mhc.tn.gov.in/judis ( Uploaded on: 02/01/2026 03:34:06 pm ) OP No. 355 of 2025 some equity shares in the company Nicholas Piramal India Ltd., presently name was changed as Piramal Enterprises Limited. The value of the said shares would come around Rs.6,88,500/-. The deceased M.S.Sivasubramanian died intestate. A due and diligent search has been made for a Will, but it was not found. Since the petitioners are the only legal heirs of the assets of the deceased and there is no other next of kin to the deceased and in order to get those shares, the Succession Certificate is necessary to them. Therefore, they have filed this petition.
3. After filing of this Original Petition, the petitioners were directed to effect paper publication and the same was also effected. No any objection was received from any party. Thereafter, the matter was posted for examination of witnesses and the evidence was recorded. On the side of the petitioners, they examined PW1 and marked Ex.P.1 to Ex.P14.
4. This Court also perused the entire documents including the evidences. The 1st petitioner namely Mr. S.Venkateswaran has been examined as PW1 and 14 documents have been marked. On a careful perusal of the evidence of PW1 and the documents Ex.P.1 to Ex.P14, they reveal that the petitioners are the legal heirs of the deceased M.S.Sivasubramanian to succeed his estates and he died intestate, thereby, the petitioners are entitled to get the share certificates. Therefore, petitioners are entitled to the Succession Certificate.
5. In view of the same, this Original Petition is allowed. The https://www.mhc.tn.gov.in/judis ( Uploaded on: 02/01/2026 03:34:06 pm ) OP No. 355 of 2025 petitioners are entitled to the value of the petition-mentioned assets and a direction for grant of Succession Certificate in favour of the petitioners with power to collect the securities and to receive the interest and dividends on and negotiate and transfer the securities specified in the Schedule I hereunder, as applicable till the date of withdrawal, is issued..
04.12.2025
Index : Yes/No
Speaking Order : Yes/No
ssd
APPENDIX:
List of Petitioner side Witnesses:
PW1 : Mr. S.Venkateswaran
List of Petitioner side Documents:
Exhibit Date Description of Documents
No.
Ex.P.1. - Computer generated death certificate of
Mr.M.S.Sivasubramanian
Ex.P.2 - Computer generated death certificate of
Mrs.Jayalakshmi
Ex.P.3 - Computer generated legal heirship certificate
of Mr.Sivasubramanian
Ex.P.4. - Photocopy of the Share certificate of M/s
Nicholas Piramal India Ltd., bearing registered Folio No.MP15 and certificate no.301973 standing in the name of Mr.M.S.Sivasubramanian and Mrs.S.Jayalakshmi Ex.P.5 - Photocopy of the Share certificate of M/s Nicholas Piramal India Ltd., bearing registered Folio No.MP15 and certificate no.301974 standing in the name of Mr.M.S.Sivasubramanian and Mrs.S.Jayalakshmi https://www.mhc.tn.gov.in/judis ( Uploaded on: 02/01/2026 03:34:06 pm ) OP No. 355 of 2025 Ex.P.6 - Photocopy of the Share certificate of M/s Nicholas Piramal India Ltd., bearing registered Folio No.MP15 and certificate no.301975 standing in the name of Mr.M.S.Sivasubramanian and Mrs.S.Jayalakshmi Ex.P.7. - Photocopy of the Share certificate of M/s Nicholas Piramal India Ltd., bearing registered Folio No.MP 15 and certificate no.301976 standing in the name of Mr.M.S.Sivasubramanian and Mrs.S.Jayalakshmi Ex.P.8. - Photocopy of the Share certificate of M/s Nicholas Piramal India Ltd., bearing registered Folio No.MP 15 and certificate no.301977 standing in the name of Mr.M.S.Sivasubramanian and Mrs.S.Jayalakshmi Ex.P.9. - Photocopy of the Share certificate of M/s Nicholas Piramal India Ltd., bearing registered Folio No.MP 15 and certificate no.356065 standing in the name of Mr.M.S.Sivasubramanian Ex.P.10 - Photocopy of Share certificate of M/s Nicholas Piramal India Ltd., bearing registered Folio No.MP 15 and certificate no.356066 standing in the name of Mr.M.S.Sivasubramanian Ex.P.11 01.10.2024 Photocopy of the Communication sent by Link Intime India Pvt., Ltd., Mumbai addressed to the 1st petitioner asking for succession certificate from Court of Law. Ex.P.12 - Copy of screenshot from the website mca.gov.in showing the change of name of the company as M/s Piramal Enterprises Ltd., Ex.P.13 - Certificate filed by the 1st petitioner under Section 63(4) of BSA, 2023 Ex.P.14 30.08.2025 Copy of paper publication effected in one issue of Tamil Daily ‘Makkal Kural’ 04.12.2025 https://www.mhc.tn.gov.in/judis ( Uploaded on: 02/01/2026 03:34:06 pm ) OP No. 355 of 2025 P.DHANABAL,J., ssd O.P. No.355 of 2025 04.12.2025 https://www.mhc.tn.gov.in/judis ( Uploaded on: 02/01/2026 03:34:06 pm ) OP No. 355 of 2025 IN THE HIGH COURT OF JUDICATURE AT MADRAS DATED: 19-12-2025 CORAM THE HONOURABLE MR.JUSTICE P. DHANABAL OP No. 355 of 2025
1. S.Venkateswaran and another Sri Chakra New No.9, Old No.11, Balu Street, Thiruvanmiyur, Chennai 600 041.
2. S.Sriram No.17/9, 3rd Cross Street, Mandaveli, RA Puram, Rajaannamalaipuram, Chennai 600 028.
Petitioner(s) Vs
1. No Respondent Nil Respondent(s) OP No. 355 of 2025 PRAYER to grant a succession certificate to the petitioners with power to collect the Securities and to receive the interest and dividends on and negotiate and transfer the securities specified in the schedule I hereunder. Net amount of Rs.6,88,500/- Suc Duty of Rs.25,000/- paid on 28.05.2025 OP No. 355 of 2025 For Petitioner(s): M/s.Justison Legal K.V.Subha R.Krishnamurthy M.s.Sayee Chaitanya Rekha K.Antony Jenifer For Respondent(s): Succession Duty Paid https://www.mhc.tn.gov.in/judis ( Uploaded on: 02/01/2026 03:34:06 pm ) OP No. 355 of 2025 Aos Filed Dno: 34665,dt:
02/09/2025 ORDER Today, the matter is listed under the caption “For Being Mentioned” at the instance of the learned counsel for the petitioners.
2. When the matter is taken up for hearing the learned counsel for the petitioners appeared through video conference and submitted that in the order copy dated 04.12.2025, the name of the first petitioner has been wrongly mentioned as S.Venkatesan instead of S.Venkateswaran. Therefore, the said typographical error has to be corrected. He further submitted that the name of the learned counsel for the petitioner also needs to be changed.
3. This Court perused the records and it is seen that the name of the first petitioner has been mentioned as S.Venkateswaran. However in the order copy it is typed as S.Venkatesan. Therefore, the said typographical error has to be corrected. With regard to the name of the learned counsel for the petitioner there is no correction in the appearance portion of the order copy, since the person Mr.R.Krishnamurthy for M/s Justison Legal who has filed the vakalat has been recorded in the order copy.
https://www.mhc.tn.gov.in/judis ( Uploaded on: 02/01/2026 03:34:06 pm ) OP No. 355 of 2025
3. Therefore, the Registry is directed to carry out the correct the name of the first petitioner as S.Venkateswaran and issue fresh order copy. All the other observations made in the order copy dated 04.12.2025 remains intact.
19-12-2025 Index:Yes/No Speaking/Non-speaking order Internet:Yes Neutral Citation:Yes/No smn https://www.mhc.tn.gov.in/judis ( Uploaded on: 02/01/2026 03:34:06 pm ) OP No. 355 of 2025 P.DHANABAL J.
smn OP No. 355 of 2025 19-12-2025 https://www.mhc.tn.gov.in/judis ( Uploaded on: 02/01/2026 03:34:06 pm )