✦ High Court of India · 19 Feb 2025

High Court · 2025

Case Details High Court of India · 19 Feb 2025
Court
High Court of India
Decided
19 Feb 2025
Length
1,600 words

O.P.No.398 of 2024IN THE HIGH COURT OF JUDICATURE AT MADRASDATED: 19.02.2025CORAMTHE HONOURABLE MR.JUSTICE K.KUMARESH BABUO.P.No.398 of 2024Ms.NeetaHarshkant Mehta…PetitionerPRAYER: Original Petition filed under Section 372 of Indian Succession Act, 1925 read with Order XXV Rule 6 of O.S.Rules, prays that a succession certificate may be granted to the petitioner with the power to collect the debts and transmit the securities to her name to receive the interest and dividends and to negotiate and transfer the securities specified in the schedule hereto.For Petitioner : Mr.V.Manohar1/11 https://www.mhc.tn.gov.in/judis O.P.No.398 of 2024ORDERThe petitioner seeks Succession Certificate in respect of the securities held by Late.HarshkantSurajmal Mehta, Pranav Harshkant Mehta and PravinaHarshkant Mehta, who died intestate on 13.09.1991, 07.06.2015 and 12.02.2019. The petitioner is the daughter and sister of the deceased persons. Mr.HarshkantSurajmal Mehta and PravinaHarshkant Mehta are the husband and wife. This couple begotten two children i.e., Pranav Harshkant Mehta and the petitioner. The Mehta couple and their son, who is unmarried died intestate. The petitioner is only the surviving legal heir of the deceased persons who is the daughter of Mehta couple and sister of Pranav Harshkant Mehta.2. The petitioner has been examined as PW1. She has produced the death certificates of the deceased persons as Ex.P2, Ex.P3 and Ex.P4. The legal heir certificate of the deceased persons as Ex.P1, Ex.P7 and Ex.P8. A 2/11 https://www.mhc.tn.gov.in/judis O.P.No.398 of 2024perusal of Ex.P1, Ex.P7 and Ex.P8 shows that the petitioner is the daughter of Mehta couple and sister of Pranav Harshkant Mehta who died unmarried. The petitioner is the only surviving legal heir of the deceased persons. A paper publication has been made and no objections have been received.3. The assertions in the petition have been duly proved by adducing oral evidence supported by documents. In these circumstances, the petitioner is entitled to the relief.4. In view of the above evidence, the Original Petition is allowed granting Succession Certificate in favour of the petitioner, in respect of the securities mentioned in the schedule to the petition. 19.02.2025kakIndex :Yes/No3/11 https://www.mhc.tn.gov.in/judis O.P.No.398 of 2024Petitioner's witness:P.W.1 - Ms.Neeta Harshkant MehtaDocuments exhibited by the petitioners:ExhibitsDocumentsEx.P1Photocopy of the legal heir ship certificate of Mr.Harshkant Surajmal Mehta (Compared with the original)Ex.P2Computer generated death certificate of Mr.Harshkant Surajmal Mehta.Ex.P3Computer generated death certificate of Mrs.Pravina.H.Mehta.Ex.P4Computer generated death certificate of Mr.Pranav.H.Mehta.Ex.P5Original statement of accounts given by State Bank of India, Nungambakkam branch in respect of PPF account standing in the name of Mrs.Pravina H Mehta bearing A/c.No.10497651702.Ex.P6Original statement of accounts given by State Bank of India, Nungambakkam branch in respect of PPF account standing in the name of Mr.Pranav H Mehta bearing A/c.No.10497651826.Ex.P7Photocopy of the legal heir ship certificate of Mr.Pranav H Mehta (Compared with the original)Ex.P8Computer generated legal heir ship certificate of Mrs.Pravina H Mehta.Ex.P9Certificate under Section 65 B of the Indian Evidence Act, 1872.Ex.P10Copy of the paper publication effected in one issue of Tamil Daily “Makkal Kural” dated 15.08.2024.4/11 https://www.mhc.tn.gov.in/judis O.P.No.398 of 2024ExhibitsDocumentsEx.P11(Series 3 Nos) are the photocopies of the share certificates in The Khatau Makanji Spinning and Weaving Company Limited standing in the name of Mrs.Pravina Harshkant Mehta and Mr.Harshkant Surajmal Mehta (Compared with the originals)Ex.P12Photocopy of the share certificate in Arbuda Mills Limited standing in the name of Mrs.Pravina Harshkant Mehta and Mr.Harshkant Surajmal Mehta (Compared with the originals)Ex.P13(Series 5 Nos) are the photocopies of the share certificates in The Aruna Mills Limited standing in the name of Mrs.Pravina Harshkant Mehta (Compared with the originals)Ex.P14(Series 5 Nos) are the photocopies of the share certificates in The Aruna Mills Limited standing in the name of Mrs.Pravina Harshkant Mehta and Mr.Harshkant Surajmal Mehta (Compared with the originals)Ex.P15(Series 2 Nos) are the photocopies of the share certificates in The Aruna Mills Limited standing in the name of Mrs.Pravina Harshkant Mehta (Compared with the originals)Ex.P16(Series 6 Nos) are the photocopies of the share certificates in BomBay Tyres International Limited standing in the name of Mrs.Pravina H Mehta and Mr.Harshkant S Mehta (Compared with the originals)Ex.P17Photocopy of the share certificate in The Ahmedabad Manufacturing and Calico Printing Company Limited standing in the name of Mrs.Pravina H Mehta (Compared with the originals)5/11 https://www.mhc.tn.gov.in/judis O.P.No.398 of 2024ExhibitsDocumentsEx.P18Photocopy of the share certificate in The Ahmedabad Manufacturing and Calico Printing Company Limited standing in the name of Mrs.Pravina H Mehta (Compared with the originals)Ex.P19(Series 2 Nos) are the photocopies of the share certificates in Modi Olivetti Limited standing in the name of Mr.Pranav H Mehta and Mrs.Pravina H Mehta (Compared with the originals)Ex.P20Photocopy of the share certificate in Dadha Brothers Limited standing in the name of Mr.Pranav H Mehta and Mrs.Pravina H Mehta (Compared with the originals)Ex.P21Photocopy of the share certificate in Gujarat Aromatics Limited standing in the name of Mr.Pravina.H.Mehta, H.S.Mehta and Mr.Pranav Mehta (Compared with the originals)Ex.P22(Series 3 Nos) are the photocopies of the share certificates in Consolidated Petrotech Industries Limited standing in the name of Mrs.Pravina H Mehta (Compared with the originals)Ex.P23(Series 2 Nos) are the photocopies of the share certificates in Mehtal Box India Limited standing in the name of Mrs.Pravina H Mehta (Compared with the originals)Ex.P24(Series 2 Nos) are the photocopies of the share certificates in Mehtal Box India Limited standing in the name of Mr.Pranav H Mehta and Mrs.Pravina H Mehta (Compared with the originals)Ex.P25(Series 10 Nos) are the photocopies of the share certificates in Southern Hydrocarbons Limited standing in the name of Mr.Pranav H Mehta and Mrs.Pravina H Mehta (Compared with 6/11 https://www.mhc.tn.gov.in/judis O.P.No.398 of 2024ExhibitsDocumentsthe originals)Ex.P26(Series 3 Nos) are the photocopies of the share certificates in The Nelliampathy Tea & Produce Company Limited standing in the name of Mrs.Pravina H Mehta (Compared with the originals)Ex.P27(Series 30 Nos) are the photocopies of the share certificates in Uma Maheshwari Mills Limited standing in the name of Mrs.Pravina H Mehta (Compared with the originals)Ex.P28Photocopy of the share certificates in Uma Maheswari Mills Limited standing in the name of Mr.Harshkant S Mehta and Mrs.Pravina H Mehta (Compared with the originals)Ex.P29Photocopy of the share certificates in Maxworth Orchards (India) Limited standing in the name of Mrs.Pravina H Mehta, Mr.Pranav.H.Mehta and Ms.Neeta H Mehta (Compared with the originals)Ex.P30(Series 5 Nos) are the photocopies of the share certificates in The Sheveroy Estates Limited standing in the name of Mrs.Pravina H Mehta (Compared with the originals)Ex.P31(Series 5 Nos) are the photocopies of the share certificates in The Midland Rubber and Produce Company Limited standing in the name of Mrs.Pravina H Mehta (Compared with the originals)Ex.P32Photocopy of the share certificate in Transformers and Electricals Kerala Limited standing in the name of Mrs.Pravina H Mehta (Compared with the originals)7/11 https://www.mhc.tn.gov.in/judis O.P.No.398 of 2024ExhibitsDocumentsEx.P33(Series 2 Nos) are the photocopies of the share certificates in The Sheveroy Estates Limited standing in the name of Mrs.Pravina H Mehta (Compared with the originals)Ex.P34Photocopy of the share certificate in Meh Flowers Private Limited standing in the name of Ms.Neeta H Mehta and Mrs.Pravina H Mehta (Compared with the originals)Ex.P35(Series 3 Nos) are the photocopies of the share certificates in The Khatau Makanji Spinning and Weaving Company Limited standing in the name of Mr.Pranav.H.Mehta and Mr.Harshkant Surajmal Mehta (Compared with the originals)Ex.P36(Series 3 Nos) are the photocopies of the share certificates in The Dovel Distons Private Limited standing in the name of Mr.Pranav.H.Mehta (Compared with the originals)Ex.P37Photocopy of the share certificate in Reliance Enterprises Limited standing in the name of Mr.Pranav.H.Mehta and Mr.Sreekant S Mehta (Compared with the originals)Ex.P38(Series 4 Nos) are the photocopies of the share certificates in Shri Arbuda Mills Limited standing in the name of Mr.Pranav.H.Mehta (Compared with the originals)Ex.P39(Series 5 Nos) are the photocopies of the share certificates in Southern Hydrocarbon Limited standing in the name of Mr.Pranav.H.Mehta and Mrs.Pravina H Mehta (Compared with the originals)Ex.P40Photocopy of the share certificates in Meh Flowers Private Limited standing in the name of Mr.Pranav.H.Mehta and 8/11 https://www.mhc.tn.gov.in/judis O.P.No.398 of 2024ExhibitsDocumentsMrs.Pravina H Mehta (Compared with the originals)Ex.P41(Series 2 Nos) are the photocopies of the share certificates in The Sheveroy Estates Limited standing in the name of Mr.Pranav H Mehta (Compared with the originals)Ex.P42Photocopy of the share certificate in The Sheveroy Estates Limited standing in the name of Mr.Harshkant S Mehta (Compared with the originals)Ex.P43(Series 3 Nos) are the photocopies of the share certificates in The Sheveroy Estates Limited standing in the name of Mr.Pranav H Mehta (Compared with the originals)Ex.P44(Series 5 Nos) are the photocopies of the share certificates in Ahmedabad Manufacturing Calico Printing Company Limited standing in the name of Mr.Harshkant Mehta, Mrs.Pravina Mehta and Mr.Pranav H Mehta (Compared with the originals)Ex.P45Photocopy of the share certificates in Ahmedabad Manufacturing Calico Printing Company Limited standing in the name of Mr.Harshkant S Mehta and Mrs.Pravina Mehta (Compared with the originals)Ex.P46(Series 2 Nos) are the photocopies of the share certificates in Consolidated Petrotech Industries Limited standing in the name of Mr.Pranav H Mehta, Mrs.Pravina H Mehta and Ms.Neeta H Mehta (Compared with the originals)Ex.P47(Series 3 Nos) are the photocopies of the share certificates in Bombay Tyres International Limited standing in the name of Mr.Pranav H Mehta (Compared with the originals)9/11 https://www.mhc.tn.gov.in/judis O.P.No.398 of 2024ExhibitsDocumentsEx.P48Photocopy of the share certificate in Ahmedabad Manufacturing Calico Printing Company Limited standing in the name of Mr.Pranavkumar H Mehta and Mrs.Pravina H Mehta (Compared with the originals)Ex.P49(Series 2 Nos) are the photocopies of the share certificates in Shri Arbuda Mills Limited standing in the name of Mrs.Pravina H Mehta (Compared with the originals)Ex.P50(Series 3 Nos) are the photocopies of the share certificate in The Khatau Makanji Spinning and Weaving Company Limited standing in the name of Mrs.Pravina H Mehta (Compared with the originals)Ex.P51Photocopy of the share certificate in The Aruna Mills Limited standing in the name of Mrs.Pravina H Mehta and Mr.Harshkant Surajmal Mehta (Compared with the originals)19.02.2025kak10/11 https://www.mhc.tn.gov.in/judis O.P.No.398 of 2024K.KUMARESH BABU, J.kakO.P.No.398 of 202419.02.202511/11

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