Securities of Vs
Case brief
What is this about?
The petitioner sought a succession certificate under Section 372 of the Indian Succession Act, 1925 to transfer shares of the deceased held in Apollo Hospitals Enterprise Limited. The court granted the certificate allowing collection of securities and dividends.
What did the court decide?
Direction for grant of Succession Certificate to petitioners with power to collect securities, receive interest and dividends, negotiate and transfer schedule-mentioned securities.
What the court decided
O.P.No.648 of 2018
O.P.No.648 of 2018
K.KALYANASUNDARAM, J.
This Petition has been filed under Section 372 of the Indian Succession Act,
1925 read with Order XXV Rule 6 of the Madras High Court Original Side Rules to grant Succession Certificate in favour of the petitioners.
- It is the case of the petitioners that the deceased Vadakkekara Kavirajan, ordinarily resided at 9719 Field bloom Lane, Sugar Land, TX 77498, USA and died on 10.02.2016 at his residence. The deceased left the property specified in the Schedule within the jurisdiction of this Court. The deceased, during his life time, had executed a Will dated 13.04.2011, wherein, he has bequeathed his movable and immovable properties in various modes. But, he has not specifically mentioned about the shares held by him in respect of “Apollo Hospitals Enterprise Limited” which is more fully described in the Schedule hereunder. The original share certificates have been misplaced, following which, M/s.Apollo Hospitals Enterprise
Limited had given a certificate stating that the shares in the Annexure were held by the deceased mentioning the details and reference in letter dated 2/9/2016. Subsequently, steps have been taken with M/s.Apollo Hospitals Enterprise Limited
for transferring the shares in the name of the petitioners, for which, the Apollo Hospitals Enterprise Limited, in which shares were held by the deceased, had informed the petitioners to get Succession Certificate from the Hon'ble High Court,
Issues for consideration
2 issues framed by the court
Whether the petitioners are entitled to a succession certificate to transfer the shares of the deceased.
Whether the Succession Certificate court has jurisdiction to grant the certificate despite the deceased living abroad.
Parties & counsel
- other
K. Kalyanasundaram
- other
Vadakkekara Kavirajan
Coram
K. Kalyanasundaram J.
Case details
As recorded by the court registry
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