Advocates:
['M/s Sampathkumaar', 'Associates', '', 'E Senthilkumar', 'PAPER PUBLICATION FILED D NO DT']

1

IN THE HIGH COURT OF JUDICATURE AT MADRAS

(TESTAMENTARY AND INTESTATE JURISDICTION)

MONDAY, THE 14TH DAY OF MARCH 2022

THE HON'BLE MR. JUSTICE P.VELMURUGAN

O.P.No.591 of 2021

In the matter of Indian

Succession Act, XXXIX of

1925

and

In the matter of Securities of

the Akbar A.Vadnagarwala –

died intestate

Mr.KHOZAIM A VADNAGARWALA

S/o.Late Akbar A Vadnagarwala,

No.7 and 9, Perianna Maistry Street,

Chennai - 600 001.

..Petitioner

-Vs-

1. Mrs. DURRIYA AKBAR VADNAGARWALA

W/o.Late Akbar A Vadnagarwala,

No.7 and 9, Perianna Maistry Street,

Chennai - 600 001.

2.Mrs. ZAINAB S.MANDALAYWALA

D/o.Late Akbar A Vadnagarwala,

W/o.Shabbir Mandalaywala,

No.50/103, Armenian Street,

Chennai - 600 001.

..Respondents

Original Petition praying that this Hon'ble Court be pleased that a

Succession Certificate may be granted to him with power to collect the

https://hcservices.ecourts.gov.in/hcservices/

2

securities and to receive interest and dividends on and negotiate and transfer

the securities specified in the schedule in the petition.

This Original Petition coming on this day before this court for hearing

the court made the following order:

This Original petition has been filed under Section 372 of the Indian

Succession Act, 1925 read with Order XXV Rule 6 of Original Side Rules,

to grant succession certificate in favour of the petitioner.

2. In the petition, it is stated that the deceased Akbar A

Vadnagarwala, ordinarily resided at No.7 & 9, Perianna Maistry Street,

Abbas Mansion, Chennai 600 001 died on 20.04.2016 and left the properties

within the jurisdiction of this Court. The deceased died intestate and that

due and diligent search has been made for a Will, none has been found. The

deceased at the time of his death left behind the petitioner/son, 1^st

respondent/wife and 2^nd respondent/daughter as his Class-I legal heirs. The

parents of the deceased predeceased him. The petitioner and respondents are

the legal heirs of the deceased, who claim to be entitled equal share in the

debts of the deceased. The succession certificate is required for the purpose

of transfer of the securities and to receive interest and dividends on

negotiate and transfer the securities specified in the schedule for the value

https://hcservices.ecourts.gov.in/hcservices/

3

of Rs.29,29,695/-.

3. Before the learned Master, the 1^st petitioner examined himself as

P.W.1 and filed proof affidavit and also marked the following documents

viz.,Exs.P1 to P14:

Exhibits

Nature of the documents

P1

Computer

generated

Death

certificate

of

Akbar.A.Vadnagarwala

P2

Photocopy of Legal Heirship Certificate of Akbar A

Vadnagarwala

P3

Photocopies of the share certificates issued by Gujarat Alkalies

And Chemicals Limited standing in the name of Akberi A

Vadnagarwala

P4

Photocopy of the share certificate bearing certificate No.11123

issued by Alembic Pharmaceuticals Limited standing in the

name of Akbari A Vadnagarwala

P5

Photocopies of the share certificates issued by Dabur India

Limited standing in the name of Akberi A Vadnagarwala

P6

Photocopy of the letter dated 23.02.2021 addressed to the

petitioner by Link Intime India Private Limited stating that 1290

shares in Alebmic Pharmaceuticals Limited held by my

deceased father Akbari A Vadnagarwala

P7

Photocopy of the letter dated 22.02.2021 addressed to the

petitioner by Link Intime India Private Limited stating that 1850

shares in Gujarat Alkalies And Chemicals Limited held by my

deceased father Akbari A Vadnagarwala

P8

Photocopy of the letter dated 08.02.2021 addressed tot he

petitioner by KFin Technologies Private Limited in respect of

the shares held by my father in Dabur India Limited.

P9

Photocopy of the name self declaration sent by the petitioner to

the Link Intime India Limited in respect of Gujarat Alkalies &

Chemicals Limited Shares (The original of the said document

has been said