Jayashree V. Shah v. Suresh V. Jain @ Suresh Shah and 4 others
OP/520/2025 · 2026-07-10
A D Maria Clete
Transfer Petitionbody2025
DailyLaw.ai
[ 2025 DAILYLAW 8409 (MAD) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 8409 (MAD) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
O.P.No.520 of 2025 IN THE HIGH COURT OF JUDICATURE AT MADRAS DATED: 10-07-2026 CORAM THE HON'BLE DR.JUSTICE A.D.MARIA CLETE OP No. 520 of 2025 Jayashree V. Shah W/o. Mr. Vasanthlal B. Shah Residing at No. C-401, Sri Sai Apartments High School Back side, Gollapudi Krishna, Andhra Pradesh -521 225 ..Petitioner(s) Vs
1. Suresh V. Jain @ Suresh Shah S/o. Veerchand D. shah Residing at No. 31/20, 1st floor, Berethapet Road, Chennai - 600 007.
2. Pravin.V.Jain S/o. Veerchand D. shah Residing at No. 68/29, Krishnappa Agraharam Street, Sowcarpet, Chennai - 600 001.
3. Arun V.Jain @ Arun.V. Shah S/o. Veerchand D. shah Residing at Flat No. 104, Vimalchand Apartments, P.H. road, Chennai - 600 007.
4. Jitender V.Jain @ Jitender.V.Shah S/o. Veerchand D. shah Residing at No.7, D-2, Aashiyana Colony, Ritherdon Road, 3rd lane, Vepery, Chennai - 600 007. 1/7 https://www.mhc.tn.gov.in/judis
O.P.No.520 of 2025
5. V.M.Goal @ Mukesh V. Jain S/o. Veerchand D.Shah, Residing at No.136/139, Blue Mount Apartments, E.V.R. Periyar Salai, Kilpauk, Chennai 600 010. ..Respondent(s) PRAYER: To grant Succession Certificate in favour of the petitioner herein viz. Jayasree V.Shah with the power to collect the debts and to receive interest, dividends thereon and negotiate and transfer the securities specified in the schedule hereunder. Net amount of Rs.6,77,645/- Suc duty of Rs.20,330/- paid E-c/f. Vide A.4203/25 dated 26.08.2025 For Petitioner(s): M/s.Moheeth.L.Rathore N.C.Thirumalai Balaji G.Nagarajan For Respondent(s): R1 to R5 – served – No appearance.
ORDER This Original Petition has been filed under Section 372 of the Indian Succession Act, 1925, read with Order XXV Rule 6 of the Original Side Rules, seeking the grant of a succession certificate in favour of the petitioner in respect of the securities in the name of the deceased, Veer Chand D. Shah. 2/7 https://www.mhc.tn.gov.in/judis
O.P.No.520 of 2025
2. The petitioner is the deceased's daughter. The respondents are stated to be the deceased's sons. The petitioner's case is that her father, Veer Chand D. Shah, ordinarily resided at Door No.38, Dada Muthiappan Street, Sowcarpet, Chennai, and died intestate on 28.11.1995. The deceased's death certificate has been produced. The petitioner has also produced the legal heirship certificate and the share certificate for 100 shares of Apollo Hospitals Enterprise Limited. In the evidence before the learned Master, the petitioner examined herself as P.W.1 and marked Exs.P1 to P6, including her Aadhaar card, the deceased's death certificate, the legal heirship certificate, the share certificate, the newspaper publication, and the certificate under Section 63(4)(c) of the Bharatiya Sakshya Adhiniyam, 2023.
3. The respondents have filed consent affidavits stating that they have no objection to the grant of a succession certificate in favour of their sister, the petitioner. The fourth respondent, Jitender V. Jain @ Jitender V. Shah, and the fifth respondent, V.M. Goal @ Mukesh V. Jain, have also filed consent affidavits to that effect. General paper publication was effected, and the learned Master, by order dated 05.02.2026, recorded that service was complete and that no objection was raised in open Court following the publication. 3/7 https://www.mhc.tn.gov.in/judis
O.P.No.520 of 2025
4. When the matter was earlier taken up, this Court noted that the death certificate of Santha V. Jain, wife of the deceased, had not been produced. As that document was necessary to complete the chain of succession, the petitioner was
directed to file an additional affidavit along with the death certificate. Pursuant to that direction, the petitioner has filed an additional affidavit and produced the death certificate of Shanta V. Jain. The certificate shows that Shanta V. Jain, wife of Veerchand Shah, died on 06.09.2018. The query raised by this Court therefore stands complied with. 5. The materials on record show that the deceased died intestate; his wife has also died; and the petitioner and the respondents are his children. There is no contest to the petition. The respondents, as the other heirs, have consented to the grant. The debt/security in respect of which the certificate is sought has been identified as 100 shares of Apollo Hospitals Enterprise Limited, with a stated value of Rs. 6,77,645/-. The Registry has also recorded that succession duty has been paid. 4/7 https://www.mhc.tn.gov.in/judis
O.P.No.520 of 2025
6. In light of the pleadings, the evidence of P.W.1, the documents produced, the respondents’ consent affidavits, the completion of publication and service, and the subsequent production of the deceased’s wife’s death certificate, this Court is satisfied that the petitioner is entitled to the succession certificate sought. 7. Accordingly, this Original Petition is ordered. Let a succession certificate be issued in favour of the petitioner, Jayashree V. Shah, with power to collect the debts/securities, receive interest and dividends thereon, and negotiate and transfer the securities described in the schedule to the petition, namely 100 shares of Apollo Hospitals Enterprise Limited, bearing Share Certificate No. 360457 and distinctive Nos. 8362389 to 8362488, subject to the petitioner complying with all usual formalities and requirements of the Registry. There shall be no order as to costs. Consequently, connected applications, if any, stand closed. 10-07-2026 Index: Yes/No Speaking/Non-speaking order Neutral Citation: Yes/No AY 5/7 https://www.mhc.tn.gov.in/judis
O.P.No.520 of 2025
List of Witnesses examined on the side of the Petitioner: PW1 –Mrs.Jayashree V.Shah List of Documents marked on the side of the Petitioner: Ex.P.1 is the photocopy of my Aadhaar card (compared with the original) Ex.P.2 is the computer generated death certificate of Mr.Veer Chand D.Shah.
Ex.P.3 is the photocopy of the legal heirship certificate of Mr.Veer Chand D.Shah (compared with the original) Ex.P.4 is the photocopy of the share certificate bearing No.360457 of Mr.Veer Chand D.Shah issued by Apollo Hospitals Enterprise Limited (compared with the original) Ex.P.5 is the copy of the paper publication effected in one issue of Tamil Daily
“Makkal Kural” dated 03.01.2026. Ex.P.6 is the certificate under section 63 (4)(c) of BSA. List of Witnesses examined on the side of the respondents: Nil List of Documents marked on the side of the respondents:Nil 10.07.2026 ay 6/7 https://www.mhc.tn.gov.in/judis
O.P.No.520 of 2025 DR.A.D.MARIA CLETE, J. AY OP No. 520 of 2025 10-07-2026 7/7 https://www.mhc.tn.gov.in/judis