P.Shonish Bhushan And Another v. Umakantham Subramani

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 07-01-2026

CORAM

THE HON'BLE MR.JUSTICE P. DHANABAL

1. P.Shonish Bhushan W/o. U.Rajkumar,

2. Hemalatha Umakantham W/o. Umakantham Subramani both are residing at No.27, Periya Street, Anakaputhur, Chennai 600 070.

..Petitioner(s) Vs Umakantham Subramani S/o. Subramani, No.27, Periya Street, Anakaputhur, Chennai 600 070.

..Respondent(s) Prayer:

Petition filed under Section 372 of Indian Succession Act and Order XXV Rule 6 of OS Rules for grant of Succession Certificate to the 1st petitioner with power to collect the debts and to receive interest and dividends on and negotiate and transfer the securities specified in the schedule hereto. For Petitioner(s):

Mr.V.Manisekaran For Respondent(s):

No appearance

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 and Order XXV Rule 6 of Original Side Rules.

2. According to the petitioners, one U.Rajkumar died on 24.08.2024.

• The 1st petitioner is the wife of U.Rajkumar. • The 2nd petitioner is the mother of U.Rajkumar. • The respondent is the father of U.Rajkumar and husband of 2nd petitioner.

The said deceased U.Rajkumar married the 1st petitioner and out of their wedlock, no children were born to them. Except the above petitioners and respondent, there are no other legal heirs to the said deceased U.Rajkumar. During his lifetime, he had invested money in Public Provident Fund. The face value of the Public Provident Fund would come around Rs.9,32,669/-. The deceased U.Rajkumar died intestate. A due and diligent search has been made for a Will, but it was not found. Since the petitioners and the respondent 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 the said Public Provident Fund, the Succession Certificate is necessary to them. The 2nd petitioner and the respondent have no objection for the grant of succession certificate in the name of the 1st petitioner, viz., P.Shonish Bhushan. 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.P9.

4. This Court also perused the entire documents including the evidences. The 1st petitioner namely Mrs. P.Shonish Bhushan has been examined as PW1 and 9 documents have been marked. On a careful perusal of the evidence of PW1 and the documents Ex.P.1 to Ex.P.9, they reveal that the petitioners and the respondent are the legal heirs of the deceased U.Rajkumar to succeed his estates and he died intestate, thereby, the petitioners and the respondent are entitled to get the share

certificates. The respondent has given his consent to grant succession certificate in favour of the 1st petitioner and the 2nd petitioner has no objection for grant of succession certificate in the name of the 1st petitioner and therefore, the 1st petitioner is entitled to the Succession Certificate.

5. In view of the same, this Original Petition is allowed. The 1st petitioner is entitled to the value of the petition-mentioned assets and a direction for grant of Succession Certificate in favour of the 1st 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.

07.01.2026 Index :

Yes/No Speaking Order :

Yes/No APPENDIX:

List of Petitioners side Witnesses:

PW1 :

Mrs. P.Shonish Bhushan

List of Petitioners side Documents:

Exhibit No.

Date Description of Documents Ex.P.1.

- PPF Account Passbook of HDFC Limited bearing account No.55000000077889 of Mr.U.Rajkumar Ex.P.2 - Computer generated death certificate of Mr.Rajkumar Umakantham Ex.P.3 - Computer generated legal heirship certificate of Mr.Rajkumar Umakantham Ex.P.4.

- Photocopy of the Aadhaar Card of Mr.Rajkumar Umakantham Ex.P.5 - Photocopy of Aadhaar Card of 1st petitioner Ex.P.6 - Photocopy of the Aadhaar Card of Mrs.Hemalatha Umakantham Ex.P.7.

- Photocopy of the Aadhaar Card of Mr.Umakantham Subramani Ex.P.8.

- Affidavit under Section 63(4) of BSA for electronic documents Ex.P.9.

11.11.2025 Copy of Paper Publication effected in one issue of Tamil Daily 'Makkal Kural'

07-01-2026 Index: Yes/No Speaking/Non-speaking order

P.DHANABAL, J.

07-01-2026