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2023 Supreme(Online)(Mad) 100911

MADRAS HIGH COURT
B.Dhanarani – Appellant
Versus
R.UMA MAHESWARI AND 2 OTHERS – Respondent
OP 81 2020



O.P.No.81 of 2020

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 08.08.2023

CORAM

THE HONOURABLE Ms.JUSTICE R.N.MANJULA

O.P.No.81 of 2020

B.Dhanarani

… Petitioner

-Vs.-

1.R.Uma Maheswari

2.R.Gopikrishnan

3.R.Balakumari

... Respondents

Original Petition filed under Section 372 of The Indian Succession Act,

1925 r/w. Order XXV Rule 6 of the Madras High Court Original Side Rules,

1956 to grant succession certificate to the petitioner with the power to collect

the securities and to receive interest and dividends thereon and negotiate and

transfer the securities specified in the schedule hereunder.

For Petitioner :

Ms.E.Maragatha Sundari

For Respondents: Mr.K.Vishal

****

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O.P.No.81 of 2020

ORDER

The petition filed under section 372 of the Indian Succession Act, 1925

r/w. Order XXV Rule 6 of the Madras High Court Original Side Rules, 1956

seeking issuance of Succession Certificate to the petitioner with power to

collect the securities and to receive interest and dividends thereon and

negotiate and transfer the securities specified in the schedule.

2. The petition mentioned securities were stood in the name of

K.Balakrishna Reddiar and K.B.Dhanalakshmi Ammal, who are the parents

of the petitioner. The said K.Balakrishna Reddiar died on 23.10.2014 and

the mother K.B.Dhanalakshmi Ammal also pre-deceased her husband on

04.01.2014. The petitioner is the daughter of the deceased K.Balakrishna

Reddiar and K.B.Dhanalakshmi Ammal. Subsequent to their death, the

petitioner and the respondents have inherited the schedule mentioned

securities equally amongst themselves. Since K.Balakrishna Reddiar died

intestate leaving behind the petitioner as his legal heir, the petitioner has filed

this petition to get the Succession Certificate in respect of the securities

mentioned in the petition.

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O.P.No.81 of 2020

3. News paper publication effected. No objectors.

4. The petitioner examined herself as PW.1 and Ex.P1 to Ex.P15 were

marked through her and they are listed as hereunder:-

Exhibits

Documents

Ex.P1

Computer generated death certificate of

K.Balakrishna Reddiar

Ex.P2

Photocopy of the Legal heirship certificate of

K.Balakrishna Reddiar (Compared with

Original)

Ex.P3

Computer generated death certificate of

K.B.Dhanalakshmi Ammal

Ex.P4

Computer generated death Certificate of

B.Rajbahdur

Ex.P5

(Series 14 nos.)

Share certificates standing in the name of

K.Balakrishna Reddiar in Reliance Industries

Limited.

Ex.P6

(Series 2 nos.)

Share certificates standing in the name

K.Balakrishna Reddiar and K.B.Dhanalakshmi

Ammal in Reliance Energy Limited.

Ex.P7

(Series 2 nos)

Share certificates standing in the name of

K.Balakrishna Reddiar and K.B.Dhanalakshmi

Ammal in Reliance Power Limited.

Ex.P8

(Series 2 nos.)

Share certificates standing in the name of

K.Balakrishna Reddiar and K.B.Dhanalakshmi

Ammal in Reliance Communication Ventures

Limited.

Ex.P9

(Series 2 nos.)

Share certificates standing in the name of

K.Balakrishna Reddiar and K.B.Dhanalakshmi

Ammal in Mangalore Refinery and

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O.P.No.81 of 2020

Exhibits

Documents

Petrochemicals Limited.

Ex.P10 (Series

2 nos)

Share certificates standing in the name of

K.Balakrishna Reddiar and K.B.Dhanalakshmi

Ammal in Reliance Capital Limited.

Ex.P11

Share certificate standing in the name of

K.Balakrishna Reddiar in Reliance Home

Finance Limited.

Ex.P12

Consent affidavit of 1st respondent.

Ex.P13

Consent affidavit of 2nd respondent.

Ex.P14

Consent affidavit of 3rd respondent.

Ex.P15

Paper publication effected in one issue of Tamil

Daily “Makkal Kural” dated 12.01.2021.

5. Ex.P1 is the death certificate of K.Balakrishna Reddiar, who died on

23.10.2014. Ex.P2 is the computer generated legal heirship certificate of the

deceased, which

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