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