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IN THE HIGH COURT OF KARNATAKA

AT BENGALURU

DATED THIS THE 4^TH DAY OF MARCH 2021

BEFORE

THE HON'BLE MR.JUSTICE S. SUNIL DUTT YADAV

PROBATE CIVIL PETITION No.9/2019

BETWEEN:

1.

Mrs. Rekha Muralidhara Rao,

W/o Late Idya Muralidhara Rao,

D/o Late Kattingeri Krishna Hebbar,

Aged about 72 years,

Permanently residing at No.4,

White Acres, Channasandra Main Road,

Kadugodi Plantation,

Kadugodi,

Bengaluru - 560 067.

2.

Mr. Ranna Krishna Hebbar,

S/o Late Kattingeri Krishna Hebbar,

Aged about 70 years,

Permanently residing at No.2989/D,

12^th Main, HAL 2^nd Stage,

Bengaluru - 560 008.

3.

Mrs. Rajani Prasanna,

W/o Mr. D.A. Prasanna,

D/o Late Kattingeri Krishna Hebbar,

Aged about 69 years,

Permanently residing at

No.6/3, Casa Laguna,

Gangadhar Chetty Road,

Opposite Ulsoor Lake,

Ulsoor,

Bengaluru - 560 042.

… Petitioners

(By Sri Vivek Anand Anthony Britto, Advocate)

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AND:

NIL

… Respondent

This Probate Civil Petition is filed under Part X Section 372

of the Indian Succession Act, praying to grant Succession

Certificate in respect of the movable properties as listed in the

Affidavit of Assets of Mr. Kattingeri Krishna Hebbar (Deceased)

who died at Bombay, now Mumbai and etc.

This Probate Civil Petition coming on for orders this day,

the Court made the following:

ORDER

This petition has been filed seeking for grant of

Succession Certificate in respect of moveable properties as

listed in the Affidavit of Assets of Mr.Kattingeri Krishna

Hebbar, who is stated to have died at Mumbai.

2.

The petition has been filed by the daughter

(petitioner No.1), son (petitioner No.2) and the other

daughter (petitioner No.3). It is made out from the petition

that the deceased died intestate on 26.03.1996 at Mumbai

and copy of the Death Certificate is produced at Document

No.1, which is issued by the Public Health Department,

Municipal Corporation of Greater Bombay.

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3.

It

is

further

submitted

that

Smt.Susheela

Hebbar, wife of the deceased has also expired on

17.05.2006 as per the Death Certificate at Document No.2

and accordingly, it is specifically stated that the petitioners

are the only legal representatives of late Kattingeri Krishna

Hebbar.

4.

It is submitted that the deceased owned the

shares and assets as follows:-

Name of

the

Company

Share

Certificate

No.

No. of

Share

s

Rate per

Share as

on

08.01.2020

(Rs.)

Value (Rs.)

95342

100

95343

20

65892

100

Hindustan

Motors

Ltd.

14056

20

4.59

1101-60

The

Associated

Cement

Companies

(ACC Ltd.)

Letter

issued

by

ACC

Ltd.

dated

25.03.2019

560

1463.75

8,19,700-00

GROSS VALUE OF ASSETS

8,20,801.60

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5.

It is further submitted that when the petitioners

approached for effecting the transfer of shares, the

Companies insisted that in the absence of any Will, the

Succession Certificate will have to be obtained. One such

communication by M/s.ACC Limited dated 25.03.2019.

Accordingly, it is stated that the petitioners have filed this

petition.

6.

This Court has permitted Citation to be carried

out, which has been made out and no objections have been

filed nor any issue has been raised as regards to the claim

of the petitioners.

7.

The relationship of parties with the deceased is

admitted. A declaratory affidavit has been filed by the

petitioners stating that they are the legal representatives of

late Kattingeri Krishna Hebbar and have further asserted

that the wife of deceased, Smt.Susheela Hebbar expired on

17.05.2006.

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8.

The Share Certificate as regards shares in

M/s.Hindustan Motors Ltd. is enclosed at Document

Nos.3(a), 3(b), 3(c) and 3(d).

9.

Insofar as M/s.ACC Limited is concerned, the

petitioners rely upon the communication of 25.03.2019

issued by the said Company which mentions