Bangalore District Court
Smt.Shyamala Ron vs Nil on 20 July, 2018
IN THE COURT OF THE LXI ADDL. CITY CIVIL,
SESSIONS JUDGE: BENGALURU CITY
Dated this the 20th day of July, 2018
-: PRESENT :-
SRI. Sunildutt Annappa Chikkorde, M.A. LL.M.,
LXI Addl. City Civil & Sessions Judge,
Bangalore.
P & SC. NO.77/2017
Petitioner/s : 1. Smt.Shyamala Ron
Aged about 74 years
W/o.Late Melgiri Hanumantha Ron
2. Sri Prasana Ron
Aged about 53 years
S/o. Late Melgiri Hanumantha Ron
3. Sri Anand Ron
Aged about 51 years
S/o. Late Melgiri Hanumantha Ron
Petitioner No.1 to 3 are R/a.Hazel-004
Raheja Residency, 3rd Block, Koramangala,
Bangalore-34.
4. Smt.Deepali Ron
Aged about 46 years
D/o.Late Melgiri Hanumantha Roti
R/a.No.702, Amber Croft Annexe
Dr.Ambedkar Road
Opp. Kotak Mahindra Bank,
Bandra West, Mumbai.
(By Sri.C.M., Advocate)
V/s.
Respondent/s : NIL
2 P & SC No.77/2017
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 movable properties mentioned in the schedule and for grant of such other relief's.
SCHEDULE PROPERTIES SCHEDULE A 50 Shares in total in Nestle India Limited; bearing number bearing Folio No.R621.
SCHEDULE B 15 shares in total in GlaxoSmithKline Pharmaceuticals Limited; bearing Folio No.0180565.
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 Petitioner No.3 as P.W.1 and got marked in all fifteen documents at Ex.P.1 to Ex.P.15 and closed their side evidence.
4. Heard arguments and perused the entire records.
3 P & SC No.77/20175. 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 they are wife and children of Late Melgiri Hanumantha Ron who died intestate on 12.5.2008. 1st petitioner being the wife of Late Melgiri Hanumantha Ron was residing at No.15- C, Primrose Road, Off M.G. Road, Bangalore and after the death of Melgiri Hanumantha Ron, 1st petitioner is residing with petitioner No.2 and 3 at "Spruce" No.209, G Block, Raheja Residency, 3rd Block, Koramangala, Bangalore. Petitioner No.4 is the daughter of Petitioner No.1 and sister of Petitioner No.2 and 3 being married and residing at Mumbai at her matrimonial house. Petitioner No.1 to 4 are the only surviving legal heirs of Late Melgiri Hanumantha Ron and during his life time he had made investments as under;
1. 50 Shares in Nestle India Limited; bearing Folio Number R 621
2. 15 Shares in GlaxoSmithKline Pharmaceuticals limited; bearing Folio number 0180565.
4 P & SC No.77/2017Petitioner No.2 to 4 intend that 1st petitioner should acquire the shares mentioned in schedule A & B in her name exclusively and they have no objection for this court to grant succession certificate in the name of petitioner No.1 in respect of the schedule A and B Properties. Late Sri Melgiri Hanumantha Ron had taken loan from Canara Bank and for that he had pledged 50 numbers of equity shares of Nestle India as Collateral Security. After repayment of the said loan, his father late Melgiri Hanumantha Ron sought for return of 50 shares of Nestle India that were pledged to the bank. Since, the same was not returned by Canara Bank, Kolar Branch, his father sought for return of his 50 shares to Nestle India under letter dt.15.9.05 and sought for clarification as to whether the bank has misplaced the share certificate of the same and in the event of misplacing the said share certificate he sought for an endorsement to that effect to enable him to apply to the company to issue duplicate certificate. Upon receipt of the letter dt.15.9.05 the Sr.Manager of Canara Bank, Kolar Branch, issued endorsement dt.12.11.05 that on closure of loan account in November 1994, the aid bank had misplaced/could not trace the share certificate. The Bank Manager, Kolar Branch also with said endorsement also gave a request letter on their behalf dt.12.11.05 to Late Melgiri Hanumantha Ron to M/s.Nestle India for issuance of duplicate share certificates. Pursuant to the said letter dt.12.11.05 he approached M/s.Nestle India Ltd., for the purpose of issuance of duplicate share certificates. However, M/s.Nestle India Ltd., sought for a succession certificate for 5 P & SC No.77/2017 grant of the duplicate share certificates. M/s.GlaxoSmithKline Pharmaceuticals issued a Dividend Warrant with respect to the 15 shares being Folio No.018055 and at that time they came to know about these 15 shares in the name of Melgiri Hanumantha Ron with respect to GlaxoSmithKline, since the share certificates were misplaced and could not be traced. Thereafter, the petitioners approached M/s.Karvy Computer Share Pvt. Ltd., on 3.9.10 for issuance of duplicate share certificates and to the said letter M/s.Karvy Computer Share Pvt. Ltd., replied vide Email dt.3.9.14 that an earlier correspondence dt.17.9.10 was sent seeking certain documents for issue of duplicate share certificate. Hence, this petition.
8. P.W.1 reiterated the averments of the petition in his evidence and produced Ex.P.1 to Ex.P.15 i.e., Ex.P.1- Original death certificate of Late Melgiri Hanumantha Ron , Ex.P.2-to 4 - Original Voters I.O. of petitioner No.1 to 3, Ex.P.5-Original Aadhar Card of petitioner No.4, Ex.P.6-Copy of letter dt.15.9.05 by late M.H.Ron to Branch Manager, Canara Bank, Kolar Branch, Ex.P.7-Letter dt.12.11.05 by Sr.Manager, Canara Bank to Mr.M.H.Ron in response to letter dt.15.9.05, Ex.P.8-Letter dt.12.11.05 by Sr. Manager Canara Bank, Addressed to M/s.Nestle India, Ex.P.9 - E-Mail Correspondence with M/s.Nestle India, Ex.P.10-Divident Warrant issued by GalaxoSmithKline Ltd., Ex.P.11-Letter dt.3.9.10 written by petitioner No.1 to M/s.Karvy Computer Share Pvt. Ltd., Ex.P.12-E-Mail dt.3.9.14 written by 6 P & SC No.77/2017 M/s.Karvy Computer Share Pvt. Ltd., to Petitioner No.3 attaching letter dt.17.9.10, Ex.P.13-Letter dt.17.9.10 written by M/s.Karvy Computer Share Pvt. Ltd., to Petitioner No.3, Ex.P.14- Certificate U/s.65B of Indian Evidence Act, Ex.P.15- The Hindu NEWS Paper dt.10.3.17 and its relevant pg. containing publication notice.
9. In this case, since no one appeared and contested the case of the petitioner, the evidence of P.W.1 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 and above documentary evidence which is corroborating to each other. So, I find nothing to discard the prayer of the petitioner. Thus, the petitioner is 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:-
ORDER The petition filed by the petitioners under Section 372 of Indian Succession Act is allowed. No order as to costs.7 P & SC No.77/2017
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 20th 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 Anand Ron 2.7.18 II LIST OF DOCUMENTS PRODUCED & EXHIBITED ON BEHALF OF THE PETITIONER :
Ex.P.1 Original Death Certificate of Late Melgiri Hanumantha Ron Ex.P.2 to P.4 Original Voter's I.O of Petitioner Nos. 1 to 3 Ex.P.5 Original Aadhaar Card of Petitioner No.4 Ex.P.6 Copy of letter dtd:15.09.2005 by late M.H.Ron to Branch Manager, Canara Bank, Kolar Branch Ex.P.7 Letter dtd:12.11.2005 by Senior Manager Canara Bank to Mr.M.H.Ron in response to letter dtd:15.09.2005 8 P & SC No.77/2017 Ex.P.8 Letter dtd:12.11.2005 by Senior Manager Canara Bank addressed to M/s Nestle India Ex.P.9 E-mail correspondences with M/s Nestle India Ex.P.10 Dividend warrant issued by Galaxosmithkline limited Ex.P.11 Letter dtd:03.09.2010 written by Petitioner No.1 to M/s Karvy Computer share Pvt. Ltd Ex.P.12 E-mail dtd:03.09.2014 written by M/s Karvy Computer Share Pvt. Ltd to Petitioner No.3 attaching letter dtd:17.09.2010 Ex.P.13 Letter dtd:17.09.2010 written by the M/s Karvy Computer Share Pvt. Ltd to Petitioner No.3 Ex.P.14 Certificate u/s 65B of Indian Evidence Act Ex.P.15 The Hindu NEWS Paper dtd:10.03.2017 and its relevant page containing publication notice 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.9 P & SC No.77/2017
20.7.2018 Petitioner-CM 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.
Issue Succession Certificate
in favour of the petitioner No.1 as
prayed after getting requisite
stamp duty.
(S.A.Chikkorde),
LXI ACC & SJ Bangalore.