SHANKAR GOPALAKRISHNAN Vs. NIL

JUDGEMENT

(1.) The appellants have filed this appeal under Section 384 of the Indian Succession Act, 1925 impugning the order dated 24.07.2017 passed by the XIV Additional City Civil Judge, Bengaluru (for short 'learned Civil Court') in P & SC No.273/2016. The learned Civil Court by the impugned order has rejected the petition in P & S C No.273/2016 filed by the appellants for Succession Certificate.

(2.) The appellants filed a petition in P & SC No.273/2016 under section 372 of the Indian Succession Act, 1925 seeking Succession Certificate in respect of 280 shares of HDFC Bank Limited bearing certificate No. 3083470, DIST Nos.0027938521 - 0027938800 (for short, 'Subject Shares') held by late Gopalakrishnan. The appellants' contentions are as hereinafter. They are the children of late Gopalakrishnan, who died on 22.02.2007. Their mother - Smt. Meenakshi Gopalakrishnan - and their brother - Sri. Thyagarajan predeceased their father. During the lifetime of late Gopalakrishnan, the dividends as against such shares was being paid through M/s. Carvey Financial Service by transfer of such dividends to his account. The appellants requested M/s. Carvey Financial Service to transfer the Share Certificate in favour of the appellant No.1 and to pay the dividends thereon in his favour. Meanwhile, M/s. Datamatics Financial Service came into picture and this entity is required to pay the dividends. The appellants submitted a similar request with M/s. Datamatics Financial Service for transfer of shares in favour of the appellant No. 1 and payment of dividends thereon in his favour. However, M/s. Datamatics Financial Service called upon the appellants to produce a Succession Certificate. As such, the appellants filed the petition for Succession Certificate.

(3.) The learned Civil Court published citations of the petition in 'The Hindu' and 'Vijayavani' on 20.01.2017. None filed objections pursuant to the publication of such citation. Thereafter, the first appellant was examined as PW.1 and certain documents were marked as Ex.P.1 to P.5 on behalf of the appellants. The learned Civil Court by the impugned order dated 24.07.2017 rejected the petition despite holding that the appellants had established that the deceased Gopalakrishnan held the subject shares, Gopalakrishnan was deceased and his wife - Smt. Meenakshi Gopalakrishnan and their son-Thyagarajan had predeceased him. The learned Civil Court rejected the petition solely on the ground that the appellants had failed to establish their relationship with late Gopalakrishnan.