IN THE HIGH COURT OF JUDICATURE AT MADRAS
Honourable Mr.Justice P. DHANABAL
S.Venkateswaran and another – Appellant
Versus
No Respondent – Respondent
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 04.12.2025
CORAM :
THE HONOURABLE MR.JUSTICE P.DHANABAL
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
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 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:
Ex.P.6 - Photocopy of the Share certificate of M/s Nicholas Piramal India Ltd., bearing registered Folio No.MP15 and certificate no.301975 standing in the name of Mr.M.S.Sivasubramanian and Mrs.S.Jayalakshmi Ex.P.7. - Photocopy of the Share certificate of M/s Nicholas Piramal India Ltd., bearing registered Folio No.MP 15 and certificate no.301976 standing in the name of Mr.M.S.Sivasubramanian and Mrs.S.Jayalakshmi Ex.P.8. - Photocopy of the Share certificate of M/s Nicholas Piramal India Ltd., bearing registered Folio No.MP 15 and certificate no.301977 standing in the name of Mr.M.S.Sivasubramanian and Mrs.S.Jayalakshmi Ex.P.9. - Photocopy of the Share certificate of M/s Nicholas Piramal India Ltd., bearing registered Folio No.MP 15 and certificate no.356065 standing in the name of Mr.M.S.Sivasubramanian Ex.P.10 - Photocopy of Share certificate of M/s Nicholas Piramal India Ltd., bearing registered Folio No.MP 15 and certificate no.356066 standing in
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