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Madras High CourtOP/485/2025allowed

Zeenathaj@Zeenath Taj And 6 Others v. No Respondent

2026-01-22Honourable Mr.Justice P. Dhanabal6 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 22.01.2026

CORAM

THE HON'BLE MR.JUSTICE P. DHANABAL

1. Zeenathaj @ Zeenath Taj

2. Naveed Ahmed

3. Mubeen Ahmed Appapillai

4. Saira Parveen A

5. A.Mohammed Imran

6. Appapillai Mohammed Salman

7. Meezan Ahmed A ..Petitioners Prayer:

Original Petition filed under Section 372 of the Indian Succession Act, 1925 r/w Order XXV, Rule 6 of Madras High Court Original Side Rules to grant Succession Certificate to the 3rd petitioner with the power to collect the debts and to receive the interest and dividends on and negotiate and transfer the securities specified in the schedule.

For Petitioners:

Mr.S.Karthikeyan

O R D E R

This petition has been filed by the petitioners praying to grant Succession Certificate under Section 372 of the Indian Succession Act, 1925 r/w Order XXV, Rule 6 of Madras High Court Original Side Rules.

2. According to the petitioners, one Hafeezur Rahman died on intestate 09.11.2019.

• The 1st petitioner is the second wife of Hafeezur Rahman . • The petitioners 2, 3, 5 to 7 are the sons of Hafeezur Rahman • The 4th petitioner is the daughter of Hafeezur Rahman • The parents of the deceased predeceased him and the 1st wife of the said Hafeezur Rahman, viz., Ahamedi Begam died on 16.06.1969. Except the above petitioners, there are no other legal heirs to the said deceased Hafeezur Rahman. The said deceased Hafeezur Rahman during his lifetime, had initiated partnership firm consisting of five partners under the name and style of M/s South East Tanning Company. Subsequently in the due course, all the partners were ceased and the said partnership was dissolved with effect from 17.02.1987 and Deed of Dissolution was executed on 31.12.1987.

The deceased Hafeezur Rahman had invested some money by purchasing 2000 equity shares of Apollo Hospitals Enterprise Limited in the name of M/s South Tanning Company on 04.09.2010. The face value of the said shares would come around Rs.1,35,40,000/-. A due and diligent search has been made for a Will, but it was not found. Since the petitioners are the only legal heirs of the assets of the deceased and there is no other next of kin to the deceased and in order to get those shares, the Succession Certificate is necessary to them. All the petitioners have no objection for the grant of succession certificate in the name of the 3rd petitioner, viz., Mubeen Ahmed Appapillai. Therefore, they have filed this petition.

3. After filing of this Original Petition, the petitioners were directed to effect paper publication and the same was also effected. No any objection

was received from any party. Thereafter, the matter was posted for examination of witnesses and the evidence was recorded. On the side of the petitioners, they examined PW1 and marked Ex.P.1 to Ex.P.22.

4. This Court also perused the entire documents including the evidences. The 3rd petitioner namely Mr. Mubeen Ahmed Appapillai has been examined as PW1 and 22 documents have been marked. On a careful perusal of the evidence of PW1 and the documents Ex.P.1 to Ex.P.22, they reveal that the petitioners are the legal heirs of the deceased Hafeezur Rahman to succeed his estates and he died intestate, thereby, the petitioners are entitled to get the share certificates. All the petitioners have given their consent to grant succession certificate in favour of the 3rd petitioner and therefore, 3rd petitioner is entitled to the Succession Certificate.

5. In view of the same, this Original Petition is allowed. The petitioners are entitled to the value of the petition-mentioned assets and a direction for grant of Succession Certificate in favour of the 3rd petitioner with power to collect the securities and to receive the interest and dividends on and negotiate and for terminal benefits, if any, specified in the Schedule, as applicable till the date of withdrawal, is issued. Index :

Yes/No Speaking Order :

Yes/No ssd

APPENDIX:

List of Petitioners side Witnesses:

PW1 :

Mr. Mubeen Ahmed Appapillai List of Petitioners side Documents:

Exhibit No.

Date Description of Documents Ex.P.1.

- Photocopy of the Form-A registration certificate of the firm South East Tanning Company.

Ex.P.2 - Photocopy of the Share Certificate issued by Apollo Hospitals Enterprise Limited being certificate no.358949 nos.2000 Equity Shares.

Ex.P.3 - Computer generated death certificate of Mr.Hafeezur Rahman.

Ex.P.4.

- Computer generated legal heirship certificate of Mr.Hafeezur Rahman.

Ex.P.5 - Photocopy of the Savings bank pass book bearing account no.18489 standing in the name of Mr.Hafeezur Rahman Ex.P.6 - Photocopy of the Aadhar card of Mrs.Zeenathtaj.

Ex.P.7.

- Photocopy of the PAN Card of Mrs.Zeenathtaj.

Ex.P.8.

Photocopy of the Aadhar card of Mr.Naveed Ahmed Ex.P.9.

- Photocopy of the PAN card of Mr.Naveed Ahmed Ex.P.10 - Photocopy of the Aadhar card of Mr.Mubeen Ahmed Appapillai Ex.P.11 - Computer generated copy of the PAN card of Mr.Mubeen Ahmed Appapillai Ex.P.12 - Photocopy of the Aadhar card of Mrs.Saira Parveen.A.

Ex.P.13 - Photocopy of the PAN card of Mrs.Saira Parveen.A.

Ex.P.14 - Photocopy of Aadhar card of Mr.A.Mohammed Imran.

Ex.P.15 Photocopy of PAN card of Mr.A.Mohammed Imran.

Ex.P.16 Photocopy of Aadhar card of Mr.Appapillai Mohammed Salman Ex.P.17 Photocopy of PAN card of Mr.Appapillai Mohammed Salman Ex.P.18 Photocopy of Aadhar card of Mr.Meezan Ahmed Ex.P.19 Photocopy of PAN card of Mr.Meezan Ahmed Ex.P.20 Original death certificate of T.Ahamedi Begam Ex.P.21 19.11.2025 Paper Publication effected in one issue of Tamil Daily 'Makkal Kural'

Ex.P.22 - Affidavit under Section 63(c)(4) of BSA

P.DHANABAL, J.

ssd O.P. No.485 of 2025