O.P.No.584 of 2021

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 14.07.2023

CORAM

THE HONOURABLE MS.JUSTICE R.N.MANJULA

O.P.No.584 of 2021

M.Ramesh

…

Petitioner

Vs.

1. Sundari Mani

2. Mani Shankar

3. M.Ramani

... 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,

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

securities and to receive interest, dividends thereon and negotiate and

transfer the securities specified in the schedule.

For Petitioner : Mr.Niranjan Rajagopalan

For Respondents : No appearance

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O.P.No.584 of 2021

ORDER

This petition is filed under Section 372 of the Indian Succession Act,

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

seeking issuance of Succession Certificate to the petitioner with power to

collect the securities and to receive interests, dividends thereon and negotiate

and transfer the securities specified in the schedule.

2.The averments in the petition are as follows:-

The schedule securities are owned by the father of the petitioner by

name S.Mani. The said S.Mani died intestate on 27.02.1995 leaving behind

the petitioner and the respondents as his legal heirs. The first petitioner,

second and third respondents are the sons and the first respondent is the

wife of the deceased S.Mani. The wife and other sons of deceased S.Mani

have given consent for grant of succession certificate in favour of the

petitioner. Hence this petition has been filed by the petitioner for grant of

succession certificate.

3. The petitioner examined himself as P.W.1 and the following

documents have been marked:

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O.P.No.584 of 2021

Exhibits

Documents

P1

Computer generated death certificate of S.Mani

P2

Photocopy of the legal heirship certificate of Dr.S.Mani

P3

(Serial 3 Nos.) Photocopies of the share certificate of Kovai

Medical Centre and Hospital Limited standing in the name

of S.Mani (Compared with original)

P4

(Serial 3 Nos.) Photocopies of the consent affidavits of

transmission of shares in favour of the petitioner along with

no-objection letter given by the respondents (compared with

the originals)

P5

Photocopy of the application dated 01.10.2020 for

transmission of shares by the petitioner (Compared with the

original)

P6

Photocopy of the rejection letter dated 09.10.2020 of GNSA

Infotech Private Limited who is an agent of Kovai Medical

Center and Hospital Limited (Compared with the original)

P7

Copy of paper publication effected in one issue of Tamil

daily “Maalai Malar” dated 16.02.2022.

P8

Consent affidavit given by the first respondent

P9

Consent affidavit given by the second respondent

P10

Consent affidavit given by the third respondent

4. The death certificate of S.Mani has been produced as Ex.P1 and

from Ex.P2 - legal heirship it is seen that the petitioner and the respondents

are the only legal heirs of the deceased. Ex.P3 would show that the deceased

had owned shares in Kovai Medical Centre and Hospital Pvt. Ltd.

5. The respondents have given their no-objection letter and they have

been marked as Ex.P4. The consent affidavits of the respondents are marked

as Exs.P8 to P10. Paper publication effected in one issue of Tamil daily

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O.P.No.584 of 2021

“Maalai Malar” on 16.02.2022 attracted no objectors.

6. Since the father of petitioner died intestate by leaving all the

schedule securities, it necessitated the petitioner to file this petition for grant

of succession certificate. Since the petitioner is the legal heir of the deceased

S.Mani and the respondents have given consent in favour of the petitioner, I

feel that the petitioner is entitled to the relief as claimed.

7. Hence:

(a) the petition is ordered and

(b) The Succession Certificate shall be issued