Authority: Madras High Court, Bench of Hon'ble Dr. Justice A.D. Maria Clete

Order Date: 10-09-2026

Case Overview

  • Parties: Petitioners – Mrs. Mymoon (wife of the deceased), Ms. Jameela Banu and Ms. Azeemabanu (daughters of the deceased). No respondents.
  • Petition: Original Petition No. 676 of 2025 filed under Section 372 of the Indian Succession Act, 1925 read with Order XXV Rule 6 of the Original Side Rules, seeking a Succession Certificate to collect debts, interest, dividends and to transfer securities listed in the schedule.
  • Deceased: Late K. Ahamed Hussain, former employee of the Public Works Department, Government of Tamil Nadu, retired on 31‑10‑2006, died intestate on 10‑05‑2015.
  • Heirship: Legal Heirship Certificate dated 06‑08‑2015 names the three petitioners as the sole legal heirs; parents of the deceased predeceased him and he had no siblings.
  • Bank Account: SBI PWD Complex Branch, Chepauk, Chennai, S.B. Account No. 10031681126 held by the deceased with a balance of Rs 32,20,660.29. SBI’s communication dated 20‑07‑2024 required a Succession Certificate before releasing the amount.
  • Succession Duty: Rs 25,000 paid on 04‑03‑2025.
  • Consent: The two daughters filed separate consent affidavits expressing no objection to the certificate being issued in favour of their mother.
  • Public Notice: General publication ordered and effected in the Tamil daily "Dina Kural" on 10‑03‑2026; the Master recorded on 30‑03‑2026 that no objections were raised in open court.
  • Evidence: Petitioners examined themselves as P.W.1 and marked Ex.P1‑P9, including death certificate, legal heir certificate, pension payment order, bank passbook, SBI letter, petitioner’s passbook, and Aadhaar cards of all three petitioners.
  • Court Findings: Oral and documentary evidence established the death, heirship, and existence of the debt. No rival claim or objection was presented.

Final Outcome

  • The court allowed the petition and directed that a Succession Certificate be issued in favour of Mrs. Mymoon for Rs 32,20,660.29 (Rupees Thirty‑Two Lakhs Twenty Thousand Six Hundred and Sixty‑Nine Paise only) lying in the specified SBI account, together with any accrued interest or accretions, upon compliance with requisite formalities.
  • Mrs. Mymoon is entitled to collect the debt and give a valid discharge.
  • No costs were awarded.

Topics: Succession Certificate, Estate Settlement