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
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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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##PAGE3##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
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