✦ High Court of India · 02 Sep 2025

High Court · 2025

Case Details High Court of India · 02 Sep 2025
Court
High Court of India
Decided
02 Sep 2025
Bench
Not available
Length
1,217 words

O.P. No.526 of 2024IN THE HIGH COURT OF JUDICATURE AT MADRASDATED : 02.09.2025CORAM : THE HONOURABLE MR.JUSTICE P.DHANABALO.P. No.526 of 20241. Meena @ Meenakshi Daughter of Late Mr. P.K. Subramanian andWife of Mr. T.R. Rajamani2. S. Sundararaman S/o. Late Mr. P.K. Subramanian3. Rajeswari D/o Late Mr.P.K. Subramanianand Wife of Late Mr. Balasubramanian.4. Radha D/o. Late Mr. P.K. Subramanianand Wife of Mr. Jothi Meenakshi Sundaram5. Bharathi W/o. Late Mr. S. Jayaraman(Widow of Predeceased son).6. Uma Maheswari D/o. Late Mr. S. Jayaraman(Daughter of Predeceased son)and Wife of Mr. P.N. Sundararaman... 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 Page No.1 of 9 https://www.mhc.tn.gov.in/judis O.P. No.526 of 2024Rules praying to grant Succession Certificate to the 2nd petitioner with power to collect the debts and to receive interest and dividends and negotiate and transfer the securities. For Petitioners:Mr. B. Satish SundarORDER This petition has been filed by the petitioners praying to grant Succession Certificate in respect of securities (share certificates) under Section 372 of the Indian Succession Act read with Order XXV Rule 6 of the Original Side Rules.2. According to the petitioners, the father of the petitioners 1 to 4 namely Late Tr. P.K. Subramanian S/o. Late Mr. Krishnamoorthy, is the father-in-law of the 5th petitioner and grand father of the 6th petitioner and he died on 17.12.2002 at Sri Balaji Hospital, Guindy, Chennai and the wife of said Late Tr. P. K. Subramanian namely Tmt. S. Jayalakshmi died on 27.03.1993 and they left the property specified in the Schedule within the Page No.2 of 9 https://www.mhc.tn.gov.in/judis O.P. No.526 of 2024jurisdiction of this Court and both of them died intestate. The petitioners are the legal heirs of the deceased Tr. P.K. Subramanian and Tmt. S. Jayalakshmi. The petitioners 1 to 4 are the sons and daughters of the deceased Tr. P.K. Subramanian. The Son of Late Tr. P.K. Subramanian namely Late Mr. S. Jayaraman, who is pre-deceased to him, married the 5th petitioner and got 6th petitioner as their only daughter. Therefore, all the legal heirs of the deceased Tr. P.K. Subramanian were impleaded as parties in this petition.3. The father and mother of the late Tr. P.K. Subramanian were pre-deceased to him. The deceased Tr. P.K. Subramanian and his wife deceased Tmt. S. Jayalakshmi, during their life time, had jointly purchased 100 shares from M/s. SRF Limited and 18 shares from M/s. Reliance Industries Limited. The present value of M/s. SRF Limited as ascertained from Bombay Stock Exchange through online as on 30.08.2022 is Rs.2,538/- per share and total amount of 100 shares would come to Rs.2,53,800/-. The present value of the 18 shares of M/s. Reliance Industries Limited as ascertained from Bombay Stock Exchange through online as on 30.08.2022 is Rs.2,642/- and the total Page No.3 of 9 https://www.mhc.tn.gov.in/judis O.P. No.526 of 2024value of 18 shares would come to Rs.47,556/-. The petitioners are the legal heirs of the deceased Tr. P.K. Subramanian and S. Jayalakshmi. Therefore, the petitioners, being the legal heirs, are entitled to the shares. The petitioners 1 to 4 are entitled to 1/5 share each. The petitiones 5 and 6 are jointly entitled to 1/5 share over the value of the shares. Therefore, the petitioners have approached this Court to grant succession certificate.4. After filing of this Original Petition, the petitioners were directed to effect paper publication and the same was also effected. No any objection from any party. Thereafter, evidence was recorded. On the side of the petitioners, they examined PW1 and marked Ex.P.1 to Ex.P.17 and Ex.C.1 and Ex.C.2 were also marked. 5. This Court also perused the entire documents including the evidences. A careful perusal of those documents revealed that these petitioners are the legal heirs of the deceased Tr. P.K. Subramanian and Tmt. S. Jayalakshmi. They purchased shares and now the value of the shares as per the petition is Rs.3,01,356/-. No any rival claims and no any objections made Page No.4 of 9 https://www.mhc.tn.gov.in/judis O.P. No.526 of 2024by anybody for the claim of the petitioners. PW1 has categorically stated about the legal heirship of the deceased. Therefore, this Court is of the opinion that the petitioners have proved that they are the legal heirs of the deceased. Further the petitioners prayed to issue Succession Certificate in favour of the 2nd petitioner and other petitioners have no objection to issue Succession Certificate in the name of the 2nd petitioner herein as prayed for in the petition. 6. In view of the same, this Original Petition is allowed. The petitioners 1 to 4 are each entitled to 1/5 share of the value of the shares and the petitioners 5 and 6 are jointly entitled to 1/5 share of the value of the shares and a direction for grant of Succession Certificate in favour of the the 2nd petitioner with power to collect the debts and to receive interest and dividends, negotiate and transfer the securities, as applicable till the date of withdrawal, is issued.02.09.2025Page No.5 of 9 https://www.mhc.tn.gov.in/judis O.P. No.526 of 2024Index:Yes/No Speaking Order:Yes/NomjsList of Petitioner side Witnesses:PW1:Mr. S. SundararamanList of Petitioner side Documents:Ex.P.1.: Photocopy of the Death Certificate of Late S. Jayaraman, the husband of the 5th petitioner and the father of the 6th petitioner dated 07.01.1992 (date of Death : 11.12.1991)Ex.P.2.:Photocopy of the Legal Heirship Certificate of Late S. Jayaraman, the husband of 5th petitioner and the father of the 6th petitioner, dated 14.12.1992.Ex.P.3.:Photocopy of the Death Certificate of Late S. Jayalakshmi, wife of the decased P.K. Subramanian dated 28.04.1993 (Date of Death : 27.03.1993).Ex.P.4.:Original Death Certificate of deceased P.K. Subramanian dated 20.01.2003 (Date of Death : 17.12.2002)Ex.P.5.:Phtocopy of the marriage invitation of the 1st petitioner Meenakshi to show that she is the daughter of the deceased P.K. Subramania Iyer Page No.6 of 9 https://www.mhc.tn.gov.in/judis O.P. No.526 of 2024dated 29.11.1963 (Date of Marriage : 11.12.1963).Ex.P.6.:Photocopy of the marriage invitation of the 3rd petitioner Rajeshwari to show that she is the daughter of the deceased P.K. Subramania Iyer (Date of Marriage : 28.11.1969).Ex.P.7.:Phtocopy of the marriage invitation of the 4th petitioner Radha to show that she is the daughter of the deceased P.K. Subramania Iyer (Date of Marriage : 26.03.1973).Ex.P.8.:Photocopy of the Aadhar card of the 1st petitioner Meena.Ex.P.9.:Aadhar card of the 2nd petitioner Sundararaman.Ex.P.10.:Aadhar card of the 3rd petitioner RajeshwariEx.P.11.:Aadhar card of the 4th petitioner Radha.Ex.P.12.:Aadhar card of the 5th petitiner Bharathi.Ex.P.13.:Aadhar card of the 6th petitioner Uma Maheshwari.Ex.P.14.:Photocopy of the Share Certificate (2 nos) issued by M/s. SRF Limited in the name of the deceased P.K. Subramaniya Iyer dated 07.08.1991.Ex.P.15:Photocopy of the Share Certificate (2 Nos.) issued Page No.7 of 9 https://www.mhc.tn.gov.in/judis O.P. No.526 of 2024by M/s. Reliance Industries Limited in the name of the deceased P.K. Subramaniya Iyer dated 04.12.1992 and 23.01.1990.Ex.P.16:Webcopy of the BSE online website print out showing the value of the shares of the respective companies (2 sheets) dated 31.08.2022.Ex.P.17.:Family tree of the petitioners.List of Court Documents:Ex.C.1:Affidavit of Mrs. Chitra Satish (relative of the petitioner's family) affirming that the petitioners are the only legal heirs to the deceased dated 19.09.2021.Ex.C.2:Affidavit of Mr.Muralidharan (relative of the petitioner's family) affirming that the petitioners are the only legal heirs to the deceased dated 19.09.2021.P.DHANABAL.,Jmjs Page No.8 of 9 https://www.mhc.tn.gov.in/judis O.P. No.526 of 2024O.P. No.526 of 202402.09.2025Page No.9 of 9

O.P. No.526 of 2024IN THE HIGH COURT OF JUDICATURE AT MADRASDATED : 02.09.2025CORAM : THE HONOURABLE MR.JUSTICE P.DHANABALO.P. No.526 of 20241. Meena @ Meenakshi Daughter of Late Mr. P.K. Subramanian andWife of Mr. T.R. Rajamani2. S. Sundararaman S/o. Late Mr. P.K. Subramanian3. Rajeswari D/o Late Mr.P.K. Subramanianand Wife of Late Mr. Balasubramanian.4. Radha D/o. Late Mr. P.K. Subramanianand Wife of Mr. Jothi Meenakshi Sundaram5. Bharathi W/o. Late Mr. S. Jayaraman(Widow of Predeceased son).6. Uma Maheswari D/o. Late Mr. S. Jayaraman(Daughter of Predeceased son)and Wife of Mr. P.N. Sundararaman... 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 Page No.1 of 9 https://www.mhc.tn.gov.in/judis O.P. No.526 of 2024Rules praying to grant Succession Certificate to the 2nd petitioner with power to collect the debts and to receive interest and dividends and negotiate and transfer the securities. For Petitioners:Mr. B. Satish SundarORDER This petition has been filed by the petitioners praying to grant Succession Certificate in respect of securities (share certificates) under Section 372 of the Indian Succession Act read with Order XXV Rule 6 of the Original Side Rules.2. According to the petitioners, the father of the petitioners 1 to 4 namely Late Tr. P.K. Subramanian S/o. Late Mr. Krishnamoorthy, is the father-in-law of the 5th petitioner and grand father of the 6th petitioner and he died on 17.12.2002 at Sri Balaji Hospital, Guindy, Chennai and the wife of said Late Tr. P. K. Subramanian namely Tmt. S. Jayalakshmi died on 27.03.1993 and they left the property specified in the Schedule within the Page No.2 of 9 https://www.mhc.tn.gov.in/judis O.P. No.526 of 2024jurisdiction of this Court and both of them died intestate. The petitioners are the legal heirs of the deceased Tr. P.K. Subramanian and Tmt. S. Jayalakshmi. The petitioners 1 to 4 are the sons and daughters of the deceased Tr. P.K. Subramanian. The Son of Late Tr. P.K. Subramanian namely Late Mr. S. Jayaraman, who is pre-deceased to him, married the 5th petitioner and got 6th petitioner as their only daughter. Therefore, all the legal heirs of the deceased Tr. P.K. Subramanian were impleaded as parties in this petition.3. The father and mother of the late Tr. P.K. Subramanian were pre-deceased to him. The deceased Tr. P.K. Subramanian and his wife deceased Tmt. S. Jayalakshmi, during their life time, had jointly purchased 100 shares from M/s. SRF Limited and 18 shares from M/s. Reliance Industries Limited. The present value of M/s. SRF Limited as ascertained from Bombay Stock Exchange through online as on 30.08.2022 is Rs.2,538/- per share and total amount of 100 shares would come to Rs.2,53,800/-. The present value of the 18 shares of M/s. Reliance Industries Limited as ascertained from Bombay Stock Exchange through online as on 30.08.2022 is Rs.2,642/- and the total Page No.3 of 9 https://www.mhc.tn.gov.in/judis O.P. No.526 of 2024value of 18 shares would come to Rs.47,556/-. The petitioners are the legal heirs of the deceased Tr. P.K. Subramanian and S. Jayalakshmi. Therefore, the petitioners, being the legal heirs, are entitled to the shares. The petitioners 1 to 4 are entitled to 1/5 share each. The petitiones 5 and 6 are jointly entitled to 1/5 share over the value of the shares. Therefore, the petitioners have approached this Court to grant succession certificate.4. After filing of this Original Petition, the petitioners were directed to effect paper publication and the same was also effected. No any objection from any party. Thereafter, evidence was recorded. On the side of the petitioners, they examined PW1 and marked Ex.P.1 to Ex.P.17 and Ex.C.1 and Ex.C.2 were also marked. 5. This Court also perused the entire documents including the evidences. A careful perusal of those documents revealed that these petitioners are the legal heirs of the deceased Tr. P.K. Subramanian and Tmt. S. Jayalakshmi. They purchased shares and now the value of the shares as per the petition is Rs.3,01,356/-. No any rival claims and no any objections made Page No.4 of 9 https://www.mhc.tn.gov.in/judis O.P. No.526 of 2024by anybody for the claim of the petitioners. PW1 has categorically stated about the legal heirship of the deceased. Therefore, this Court is of the opinion that the petitioners have proved that they are the legal heirs of the deceased. Further the petitioners prayed to issue Succession Certificate in favour of the 2nd petitioner and other petitioners have no objection to issue Succession Certificate in the name of the 2nd petitioner herein as prayed for in the petition. 6. In view of the same, this Original Petition is allowed. The petitioners 1 to 4 are each entitled to 1/5 share of the value of the shares and the petitioners 5 and 6 are jointly entitled to 1/5 share of the value of the shares and a direction for grant of Succession Certificate in favour of the the 2nd petitioner with power to collect the debts and to receive interest and dividends, negotiate and transfer the securities, as applicable till the date of withdrawal, is issued.02.09.2025Page No.5 of 9 https://www.mhc.tn.gov.in/judis O.P. No.526 of 2024Index:Yes/No Speaking Order:Yes/NomjsList of Petitioner side Witnesses:PW1:Mr. S. SundararamanList of Petitioner side Documents:Ex.P.1.: Photocopy of the Death Certificate of Late S. Jayaraman, the husband of the 5th petitioner and the father of the 6th petitioner dated 07.01.1992 (date of Death : 11.12.1991)Ex.P.2.:Photocopy of the Legal Heirship Certificate of Late S. Jayaraman, the husband of 5th petitioner and the father of the 6th petitioner, dated 14.12.1992.Ex.P.3.:Photocopy of the Death Certificate of Late S. Jayalakshmi, wife of the decased P.K. Subramanian dated 28.04.1993 (Date of Death : 27.03.1993).Ex.P.4.:Original Death Certificate of deceased P.K. Subramanian dated 20.01.2003 (Date of Death : 17.12.2002)Ex.P.5.:Phtocopy of the marriage invitation of the 1st petitioner Meenakshi to show that she is the daughter of the deceased P.K. Subramania Iyer Page No.6 of 9 https://www.mhc.tn.gov.in/judis O.P. No.526 of 2024dated 29.11.1963 (Date of Marriage : 11.12.1963).Ex.P.6.:Photocopy of the marriage invitation of the 3rd petitioner Rajeshwari to show that she is the daughter of the deceased P.K. Subramania Iyer (Date of Marriage : 28.11.1969).Ex.P.7.:Phtocopy of the marriage invitation of the 4th petitioner Radha to show that she is the daughter of the deceased P.K. Subramania Iyer (Date of Marriage : 26.03.1973).Ex.P.8.:Photocopy of the Aadhar card of the 1st petitioner Meena.Ex.P.9.:Aadhar card of the 2nd petitioner Sundararaman.Ex.P.10.:Aadhar card of the 3rd petitioner RajeshwariEx.P.11.:Aadhar card of the 4th petitioner Radha.Ex.P.12.:Aadhar card of the 5th petitiner Bharathi.Ex.P.13.:Aadhar card of the 6th petitioner Uma Maheshwari.Ex.P.14.:Photocopy of the Share Certificate (2 nos) issued by M/s. SRF Limited in the name of the deceased P.K. Subramaniya Iyer dated 07.08.1991.Ex.P.15:Photocopy of the Share Certificate (2 Nos.) issued Page No.7 of 9 https://www.mhc.tn.gov.in/judis O.P. No.526 of 2024by M/s. Reliance Industries Limited in the name of the deceased P.K. Subramaniya Iyer dated 04.12.1992 and 23.01.1990.Ex.P.16:Webcopy of the BSE online website print out showing the value of the shares of the respective companies (2 sheets) dated 31.08.2022.Ex.P.17.:Family tree of the petitioners.List of Court Documents:Ex.C.1:Affidavit of Mrs. Chitra Satish (relative of the petitioner's family) affirming that the petitioners are the only legal heirs to the deceased dated 19.09.2021.Ex.C.2:Affidavit of Mr.Muralidharan (relative of the petitioner's family) affirming that the petitioners are the only legal heirs to the deceased dated 19.09.2021.P.DHANABAL.,Jmjs Page No.8 of 9 https://www.mhc.tn.gov.in/judis O.P. No.526 of 2024O.P. No.526 of 202402.09.2025Page No.9 of 9

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