IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 11^TH DAY OF NOVEMBER, 2025 BEFORE THE HON'BLE MR. JUSTICE HANCHATE SANJEEVKUMAR MISCELLANEOUS FIRST APPEAL NO. 5127 OF 2024 (ISA)

BETWEEN:

1. SMT. SARASWATHI M, AGED ABOUT 71 YEARS, D/O RAMASWAMY MAHADEVAN, PRESENTLY R/AT NO.10, INCOME TAX LAYOUT, VIJAYANAGAR, BENGALURU - 560 040.

2. MS. UMA MAHESWARI MAHADEVANA, AGED ABOUT 68 YEARS, D/O RAMASWAMY MAHADEVAN, R/AT NO.10, INCOME TAX LAYOUT, VIJAYANAGAR, BENGALURU - 560 040.

3. SMT VIJAYALAKSHMI M, AGED ABOUT 66 YEARS, Digitally D/O RAMASWAMY MAHADEVAN, signed by PRESENTLY R/AT NO.10, PAVITHRA B INCOME TAX LAYOUT, Location:

HIGH VIJAYANAGAR, BENGALURU - 560 040.

COURT OF …APPELLANTS KARNATAKA (BY SMT RADHA JAYANTHI C S,ADVOCATE)

AND:

NIL …RESPONDENT THIS MFA IS FILED UNDER SECTION 384 INDIAN SUCCESSION ACT, 1925 AGAINST THE ORDER DATED 01.06.2024 PASSED IN P AND S.C.NO.99/2024 ON THE FILE OF THE XX ADDITIONAL CITY CIVIL AND SESSIONS JUDGE, BENGALURU CITY (CCH-32), DISMISSING THE PETITION FILED UNDER SECTION 372 OF INDIAN SUCCESSION ACT, 1925. THIS APPEAL, COMING ON FOR ADMISSION THIS DAY, JUDGMENT WAS DELIVERED THEREIN AS UNDER:

CORAM: HON'BLE MR. JUSTICE HANCHATE SANJEEVKUMAR ORAL JUDGMENT This appeal is filed by the petitioners questioning the order dated 01.06.2024 passed in P and S.C.No.99/2024 on the file of XX Additional City Civil and Sessions Judge (CCH-32), Bengaluru City, thereby, the petition filed for grant of succession certificate was dismissed.

2. It is the case of the appellants/petitioners that they are the only daughters of one Sri. Ramaswamy Mahadevan and Smt. Janaki Mahadevan. Their father Ramaswamy Mahadevan died on 07.05.2021 and the mother Janaki Mahadevan died on 04.06.2021. The appellants/petitioners are the only legal heirs of their parents and have succeeded to their estate. Their mother Janaki Mahadevan was holding 930 shares in Odisha Cement Limited issued on 09.01.2019. Therefore, the appellants/petitioners approached the Registrars of Company by name M/S. KFin Technologies Limited for transmission of shares in their names, but they have demanded a succession certificate. Hence, they filed the petition invoking Section 372 of Indian Succession Act, 1925, for grant of succession certificate. But it is dismissed on the reason that the appellants have produced illegible attestation of family certificate claiming it as original to show that they are the only surviving legal heirs of the deceased. Therefore, on these reasons, dismissed the petition.

3. Upon hearing the arguments from learned counsel for the appellants/petitioners and perusing the material placed on record, the following points would arise for my consideration:

i. Whether under the facts and circumstances involved in the case, the appellants/petitioners are entitled for grant of succession certificate as per Section 372 of the Indian Succession Act, 1925?

ii. Whether, the order passed by the Probate Court requires interference by this Court?

4. It is the case of the appellants that they are the only daughters of Sri. Ramaswamy Mahadevan and Smt. Janaki Mahadevan. Their father Ramaswamy Mahadevan died on 07.05.2021 and the mother Janaki Mahadevan died on 04.06.2021. Ex.P.1 and Ex.P.2 are the death certificates of their parents. Ex.P.3 is the share certificate dated 19.01.2019. The trial Court dismissed the petition on the reason that there were no evidence to prove that the appellants are the only daughters of Sri. Ramaswamy Mahadevan and Smt. Janaki Mahadevan. It is observed by the Probate Court that the family certificate is produced, but it is not legible one. Hence, the said document was not got marked.

5. In this appeal, the appellants have filed the said attestation of family tree issued by the Deputy Tahsildar, City Circle Hobli, Bengaluru North Taluk, Bengaluru District, which is bar coded document and hence, need not put signature and seal. This attestation of family tree issued by the Deputy Tahsildar can be considered as evidence in the