Allowed

S.Rakesh Kumar v. Leela Bai and 6 Others

Madras HC1 Apr 2024OP/826/2021

Case brief

AI extract

What is this about?

Original Petition under Section 372 of the Indian Succession Act, 1925 was filed for a succession certificate for shares held by the deceased father. The respondents filed consent affidavits. Evidence was recorded. The High Court allowed the petition and issued the certificate.

What did the court decide?

Succession Certificate issued to the petitioner with power to collect securities and receive interest and dividends thereon.

S.Rakesh Kumar Vs Leela Bai and 6 Others — Succession and Inheritance | Madras HC (2024)

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O.P. No. 826 of 2021

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IN THE HIGH COURT OF JUDICATURE AT MADRAS

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DATED: 01.04.2024

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CORAM

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THE HONOURABLE MS.JUSTICE C.V.KARTHIKEYAN

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O.P. No. 826 of 2021

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S. Rakesh Kumar … Petitioner

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Vs.

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1.Leela Bai 2.Hasmukhchand 3.Sangita D.Jain 4.Seema A.Jain 5.Hemanth S.Bhopal 6.Harsh H.Bhopal 7.Manthn H.Bhopal ... Respondents

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PRAYER : Original Petition filed for Succession Certificate under Section 372 of Indian Succession Act, 1925 under Order XXV Rule 6 of Original Side Rules, prays that a Succession Certificate may be granted to the petitioner with power to collect the securities and to receive the interest and dividends thereon and negotiate and transfer the securities specified in the Schedule hereto.

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For Petitioner : Mr. S.Nambirajan

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https://www.mhc.tn.gov.in/judis

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O.P. No. 826 of 2021

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O R D E R

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This Original Petition has been filed under section 372 of the Indian Succession Act, 1925 for seeking issuance of Succession Certificate of the deceased Sohanraj B.Doshi, who is the father of the petitioner herein.

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The 1 st respondent is the wife of the deceased and respondents 2 to 7 are sons and daughters of the deceased. Here it is stated that the deceased had shares in Reliance Industries Ltd., Reliance Power, Reliance Capital and Reliance Infrastructure. The details have been given in the petition.

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The respondents have filed their consent affidavit.

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The matter had been referred to the Master for recording evidence. During the course of evidence, the petitioner has been examined as P.W.1 and Exs.P1 to P16 have been marked.

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In view of the fact that the evidence have been produced to establish

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the case of the petitioner, the Original Petition stands allowed and the Succession Certificate shall be issued in favour of the petitioner, with power

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to collect the securities and to receive the interest and dividends thereon and

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https://www.mhc.tn.gov.in/judis

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O.P. No. 826 of 2021

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negotiate and transfer the securities specified in the Schedule hereunder on

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payment of appropriate succession duty, if not paid earlier.

01.04.2024

Index :Yes/No gsa

APPENDIX

Petitioner's witness:

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P.W.1 – Mr.S.Rakesh Kumar

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Documents marked :

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*Exhibits*	*Documents*
Ex.P1	The computer generated death certificate of Mr.B.Sohanraj Doshi
Ex.P2	Photocopy of the legal heirship certificate of Mr.B.Sohanraj (compared with the original).
Ex.P3	Photocopy of the letter dated 15.05.2019 sent by Karvy Computer share Private Limited asking for succession certificate from the competent court of law (compared with the original).
Ex.P4	Photocopy of the letter dated 24.08.2019 addressed to Karvy
	Fin Tech Pvt Ltd with regard to transfer of shares held byMr.

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O.P. No. 826 of 2021

Exhibits

*Exhibits*	SohanrajB. Doshi(	*Documents* Compared with the original).
Ex.P5	Photocopy of the Limited bearing cer of Mr. SohanrajB.	share certificate in Reliance Industries tificate No.62546974 standing in the name Doshi(Compared with the original).
Ex.P6	Photocopy of the Limited bearing cer of Mr. SohanrajB.	share certificate in Reliance Industries tificate No.66822196 standing in the name Doshi(Compared with the original).
Ex.P7	Photocopy of the s certificate No.0166 SohanrajB. Doshi(	hare certificate in Reliance Capital bearing 53634 standing in the name of Mr. Compared with the original).
Ex.P8	Photocopyof myA	adhaar Card(Compared with the original).
Ex.P9	Photocopy of the (Compared with the	Aadhaar Card of the first respondent original).
Ex.P10	Photocopy of the (Compared with the	Aadhaar Card of the second respondent original).
Ex.P11	Photocopy of the (Compared with the	Aadhaar Card of the third respondent original).
Ex.P12	Photocopy of the (Compared with the	Aadhaar Card of the fourth respondent original).
Ex.P13	Photocopy of the (Compared with the	Aadhaar Card of the fifth respondent original).
Ex.P14	Photocopy of the (Compared with the	Aadhaar Card of the sixth respondent original).
Ex.P15	Photocopy of the (Compared with the	Aadhaar Card of the seventh respondent original).

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O.P. No. 826 of 2021

Exhibits

*Exhibits* Ex.P16	*Documents* Copy of the paper publication effected in one issue of Tamily
	Daily“Makkal Kural” dated 15.07.2023.

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01.04.2024

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gsa

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O.P. No. 826 of 2021

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C.V.KARTHIKEYAN, J.

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gsa

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O.P. No. 826 of 2021

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01.04.2024

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S.Rakesh Kumar v. Leela Bai and 6 Others

Case brief

What is this about?

What did the court decide?

S.Rakesh Kumar v. Leela Bai and 6 Others

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Statutes considered

Parties & counsel

Coram

Case details

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