High Court · 2025

OP No. 355 of 2025IN THE HIGH COURT OF JUDICATURE AT MADRASDATED : 04.12.2025CORAM : THE HONOURABLE MR.JUSTICE P.DHANABALO.P. No.355 of 20251. S.Venkatesan2. 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 forM/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 OP No. 355 of 2025some 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 https://www.mhc.tn.gov.in/judis OP No. 355 of 2025petitioners 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..04.12.2025Index:Yes/No Speaking Order:Yes/NossdAPPENDIX:List of Petitioner side Witnesses:PW1:Mr. S.VenkateswaranList of Petitioner side Documents:Exhibit No.DateDescription of DocumentsEx.P.1.-Computer generated death certificate of Mr.M.S.SivasubramanianEx.P.2-Computer generated death certificate of Mrs.JayalakshmiEx.P.3-Computer generated legal heirship certificate of Mr.SivasubramanianEx.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.JayalakshmiEx.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 OP No. 355 of 2025Ex.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.JayalakshmiEx.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.JayalakshmiEx.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.JayalakshmiEx.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 the name of Mr.M.S.Sivasubramanian Ex.P.1101.10.2024Photocopy of the Communication sent by Link Intime India Pvt., Ltd., Mumbai addressed to the 1st petitioner asking for succession certificate from Court of Law.Ex.P.12-Copy of screenshot from the website mca.gov.in showing the change of name of the company as M/s Piramal Enterprises Ltd., Ex.P.13-Certificate filed by the 1st petitioner under Section 63(4) of BSA, 2023Ex.P.1430.08.2025Copy of paper publication effected in one issue of Tamil Daily ‘Makkal Kural’ 04.12.2025 https://www.mhc.tn.gov.in/judis OP No. 355 of 2025P.DHANABAL,J.,ssdO.P. No.355 of 202504.12.2025 https://www.mhc.tn.gov.in/judis OP No. 355 of 2025IN THE HIGH COURT OF JUDICATURE AT MADRASDATED: 19-12-2025CORAMTHE HONOURABLE MR.JUSTICE P. DHANABALOP No. 355 of 20251. S.Venkateswaran and anotherSri Chakra New No.9, Old No.11, Balu Street, Thiruvanmiyur, Chennai 600 041.2. S.SriramNo.17/9, 3rd Cross Street, Mandaveli, RA Puram, Rajaannamalaipuram, Chennai 600 028.Petitioner(s)Vs1. No RespondentNilRespondent(s)OP No. 355 of 2025PRAYERto grant a succession certificate to 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. Net amount of Rs.6,88,500/- Suc Duty of Rs.25,000/- paid on 28.05.2025OP No. 355 of 2025For Petitioner(s):M/s.Justison LegalK.V.Subha R.Krishnamurthy M.s.Sayee Chaitanya Rekha K.Antony JeniferFor Respondent(s):Succession Duty Paid https://www.mhc.tn.gov.in/judis OP No. 355 of 2025Aos Filed Dno: 34665,dt: 02/09/2025ORDERToday, the matter is listed under the caption “For Being Mentioned” at the instance of the learned counsel for the petitioners. 2. When the matter is taken up for hearing the learned counsel for the petitioners appeared through video conference and submitted that in the order copy dated 04.12.2025, the name of the first petitioner has been wrongly mentioned as S.Venkatesan instead of S.Venkateswaran. Therefore, the said typographical error has to be corrected. He further submitted that the name of the learned counsel for the petitioner also needs to be changed.3. This Court perused the records and it is seen that the name of the first petitioner has been mentioned as S.Venkateswaran. However in the order copy it is typed as S.Venkatesan. Therefore, the said typographical error has to be corrected. With regard to the name of the learned counsel for the petitioner there is no correction in the appearance portion of the order copy, since the person Mr.R.Krishnamurthy for M/s Justison Legal who has filed the vakalat has been recorded in the order copy. https://www.mhc.tn.gov.in/judis OP No. 355 of 20253. Therefore, the Registry is directed to carry out the correct the name of the first petitioner as S.Venkateswaran and issue fresh order copy. All the other observations made in the order copy dated 04.12.2025 remains intact.19-12-2025Index:Yes/NoSpeaking/Non-speaking orderInternet:YesNeutral Citation:Yes/Nosmn https://www.mhc.tn.gov.in/judis OP No. 355 of 2025P.DHANABAL J.smnOP No. 355 of 2025 19-12-2025