Summary proceedings under S.372 Indian Succession Act grant succession certificate upon prima facie proof of heirship and intestacy for securities transmission.

ORDER :

1. This Original Petition has been filed under Section 372 of the Indian Succession Act, 1925, read with Order XXV Rule 6 of the Original Side Rules, seeking grant of a succession certificate in respect of the securities described in the schedule to the petition, standing in the name of late B. Surender, who is stated to have died intestate.

2. The case of the petitioners is that late B. Surender died on 04.03.2012 at Chennai and that he ordinarily resided within the jurisdiction of this Court. According to the petitioner, the deceased left behind as his only Class I legal heirs his widow, namely the first petitioner, and his two daughters, namely the second and third petitioners. The third petitioner, who is residing abroad, is represented by the first petitioner as her power agent. The petitioner further states that there are no respondents, since all the legal heirs of the deceased have been arrayed as petitioners.

3. The petitioners have further stated that the deceased died intestate; that due and diligent search was made for any Will, but none was found; that the original share certificates relating to the securities in question were lost; and that, therefore, they have relied upon the death certificate, legal heirship certificate, complaint regarding loss of documents, dividend warrants, company communications, folio particulars and other connected records to establish the holdings and to enable transmission and issue of duplicate certificates by the concerned companies. The petition also states that there is no impediment under Section 370 of the Act to the grant of the certificate.

4. The schedule to the petition sets out 28 securities/folios standing in the name of the deceased in various companies, together with their folio particulars and market value. The schedule includes holdings in, among others, Carol Info Services Limited, Deepak Fertilizers and Petrochemical Corporation Limited, Dr. Agarwals Eye Hospital Ltd., Finolex Industries Limited, Gulf Oil Corporation/Gulf Oil Lubricants India Limited, Hindustan Unilever Limited, ITC Limited, Lakshmi Electrical Control Systems Limited, Lumax Industries Limited, Mercantile Ventures Limited, Nagarjuna Fertilizers and Chemicals Limited, Nestle India Limited, Peirce Leslie India Limited, Reliance Communication Limited, Reliance Industries Limited, Saregama India Limited, South India Corporation (Agencies) Limited, Sri Lakshmi Saraswathi Textiles (Arni) Limited, Tata Consumer Products Limited, Tata Power Company Limited, Tuticorin Alkali Chemicals and Fertilizers Limited, and TVS Srichakra Limited. The schedule total is shown at about Rs.5,61,46,169/-.

5. Before the learned Master, P.W.1 Mrs. Manjula Surender, the first petitioner, was examined and Exs.P1 to P58 were marked. Exs.P1 to P7 relate to the Aadhaar card of the first petitioner, death certificate of late B. Surender, legal heirship certificate, passport, complaint dated 01.07.2024 regarding loss of documents, and the declarations of the second and third petitioners. Exs.P8 to P55 are the company-wise dividend warrants, share details, share certificates and communications relating to the securities mentioned in the schedule. Ex. P56 is the General Power of Attorney of the third petitioner, Shwetha Surender. Ex.P57 is the paper publication effected in one issue of Tamil daily “Makkal Kural” dated 13.09.2025. Ex.P58 is the certificate under Section 63(4)(c) of the Bharatiya Sakshya Adhiniyam.

6. The petition itself states that the deceased left behind only the present three petitioners as his surviving Class I heirs, namely his widow and tw