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2025 Supreme(Online)(Mad) 74895

IN THE HIGH COURT OF JUDICATURE AT MADRAS
Honourable Mr.Justice P. DHANABAL
S.Venkateswaran and another – Appellant
Versus
No Respondent – Respondent



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OP No. 355 of 2025

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 04.12.2025

CORAM :

THE HONOURABLE MR.JUSTICE P.DHANABAL

O.P. No.355 of 2025

1. S.Venkatesan

2. S.Sriram ... Petitioners

PRAYER: Original Petition is filed under Section 372 of the Indian Succession

Act of 1925 read with Order XXV Rule 6 of the Original Side Rules praying to

grant Succession Certificate to the petitioners with power to collect the

securities specified in Schedule I.

For Petitioners : Mr.R.Krishnamurthy for

M/s Justison Legal

ORDER

This petition has been filed by the petitioners praying to grant

Succession Certificate under Section 372 of the Indian Succession Act read

with Order XXV Rule 6 of the Original Side Rules.

2. According to the petitioners, one M.S.Sivasubramanian died on

02.09.2017.

• The petitioners are the sons of the said M.S.Sivasubramanian.

The wife of the deceased M.S.Sivasubramanian and the mother of the

petitioners predeceased her husband M.S.Sivasubramanian on 11.08.1995.

The said deceased M.S.Sivasubramanian, during his lifetime, had purchased

https://www.mhc.tn.gov.in/judis ( Uploaded on: 02/01/2026 03:34:06 pm )

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OP No. 355 of 2025

some equity shares in the company Nicholas Piramal India Ltd., presently

name was changed as Piramal Enterprises Limited. The value of the said

shares would come around Rs.6,88,500/-. The deceased

M.S.Sivasubramanian died intestate. A due and diligent search has been

made for a Will, but it was not found. Since the petitioners are the only legal

heirs of the assets of the deceased and there is no other next of kin to the

deceased and in order to get those shares, the Succession Certificate is

necessary to them. Therefore, they have filed this petition.

3. After filing of this Original Petition, the petitioners were directed to

effect paper publication and the same was also effected. No any objection

was received from any party. Thereafter, the matter was posted for

examination of witnesses and the evidence was recorded. On the side of the

petitioners, they examined PW1 and marked Ex.P.1 to Ex.P14.

4. This Court also perused the entire documents including the

evidences. The 1st petitioner namely Mr. S.Venkateswaran has been examined

as PW1 and 14 documents have been marked. On a careful perusal of the

evidence of PW1 and the documents Ex.P.1 to Ex.P14, they reveal that the

petitioners are the legal heirs of the deceased M.S.Sivasubramanian to

succeed his estates and he died intestate, thereby, the petitioners are entitled

to get the share certificates. Therefore, petitioners are entitled to the

Succession Certificate.

5. In view of the same, this Original Petition is allowed. The

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OP No. 355 of 2025

petitioners are entitled to the value of the petition-mentioned assets and

a direction for grant of Succession Certificate in favour of the petitioners with

power to collect the securities and to receive the interest and dividends on and

negotiate and transfer the securities specified in the Schedule I hereunder, as

applicable till the date of withdrawal, is issued..

04.12.2025

Index : Yes/No

Speaking Order : Yes/No

ssd

APPENDIX:

List of Petitioner side Witnesses:

PW1 : Mr. S.Venkateswaran

List of Petitioner side Documents:

Exhibit Date Description of Documents

No.

Ex.P.1. - Computer generated death certificate of

Mr.M.S.Sivasubramanian

Ex.P.2 - Computer generated death certificate of

Mrs.Jayalakshmi

Ex.P.3 - Computer generated legal heirship certificate

of Mr.Sivasubramanian

Ex.P.4. - Photocopy of the Share certificate of M/s

Nicholas Piramal India Ltd., bearing

registered Folio No.MP15 and certificate

no.301973 standing in the name of

Mr.M.S.Sivasubramanian and

Mrs.S.Jayalakshmi

Ex.P.5 - Photocopy of the Share certificate of M/s

Nicholas Piramal India Ltd., bearing

registered Folio No.MP15 and certificate

no.301974 standing in the name of

Mr.M.S.Sivasubramanian and

Mrs.S.Jayalakshmi

https://www.mhc.tn.gov.in/judis ( Uploaded on: 02/01/2026 03:34:06 pm )

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OP No. 355 of 2

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