B. Uma Devi v. B. Poornima And Another
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 14.11.2025 CORAM :
THE HONOURABLE MR.JUSTICE P.DHANABAL O.P. No.
of 202 B.Uma Devi ... Petitioner Vs
1. B.Poornima
2. B.Kamalarani ... Respondents PRAYER: Original Petition is filed under Section 372 of the Indian Succession Act of 1925 read with Order XXV Rule 6 of the Original Side Rules praying to grant Succession Certificate to the petitioner with power to collect the debts and to receive the interest, specified in the Schedule. For Petitioner :
Mr. E.Senthilkumar For Respondents :
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ORDER
This petition has been filed by the petitioner praying to grant Succession Certificate under Section 372 of the Indian Succession Act read with Order XXV Rule 6 of the Original Side Rules.
2. According to the petitioner, one A.Padmini died on 14.09.2024. •The petitioner is the sister of the said A.Padmini •The respondents are the daughters of the petitioner. Except the petitioner and the respondents, there are no other legal heirs to the said deceased A.Padmini. The said deceased Padmini was married to E.S.Gokulakrishnan and he predeceased her issue less on 18.02.2018. Further, the parents of the deceased and the husband of the deceased had predeceased them. The deceased Padmini had not died intestate. The said deceased A.Padmini, during her lifetime, had executed an affidavit cum letter in respect of debts as scheduled in the petition in Page No.2 of 8
favour of 1 st respondent. The face value of the said shares would come around Rs.20,70,000/-. Since the legal heirs of the deceased husband are not available and the deceased also during her lifetime executed a sworn affidavit cum letter in favour of the 1 st respondent and in order to get those amounts, the Succession Certificate is necessary to them. The respondents have no objection for the grant of succession certificate in the name of the petitioner, viz., B.Uma Devi. 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. The petitioner was examined as P.W.1 and marked Ex.P.1 to Ex.P13.
4. This Court also perused the entire documents including the evidences. On a careful perusal of the evidence of PW1 and the documents Ex.P.1 to Ex.P.13, they reveal that the petitioner and the respondents are the legal heirs of the deceased A.Padmini to succeed her schedule of debts Page No.3 of 8
as mentioned in the petition and the deceased had not died intestate, the deceased executed affidavit cum letter executed by Ms.Padmini in favour of st respondent, vide Ex.P.4. All the respondents have given their consents to grant succession certificate in favour of the petitioner and therefore, petitioner is entitled to the Succession Certificate.
5. In view of the same, this Original Petition is allowed. The petitioner is entitled to the value of the petition-mentioned Schedule Debts and a direction for grant of Succession Certificate in favour of the petitioner with power to collect the debts and to receive the interest, specified in the schedule -debts mentioned in the petition, is issued. 14.11.2025 Index :
Yes/No Speaking Order :
Yes/No ssd APPENDIX:
List of Petitioner side Witnesses:
Page No.4 of 8
PW1 :
Mr. B.Uma List of Petitioner side Documents:
Exhibit No.
Date Description of Documents Ex.P.1.
- Computer generated death certificate of Adi Kesavan Ex.P.2 - Computer generated death certificate of A.Devaki Ammal Ex.P.3 - Computer generated death certificate of E.S.Golulakrishnan Ex.P.4.
- Photocopy of affidavit-cum-letter executed by A.Padmini in favour of the 1 st respondent Ex.P.5 - Computer generated death certificate of Ms.A.Padmini Ex.P.6 04.09.2016 Photocopy of fixed deposit receipt dated 04.09.2016 standing in the name of A.Padmini issued by the Chennai Corporation Officials' Co-operative Society Limited (Compared with the Original) Ex.P.7.
24.12.2015 Photocopy of fixed deposit receipt standing in the name of A.Padmini issued by the Chennai Corporation Officials' Co-operative Society Limited Ex.P.8.
11.02.2016 Photocopy of fixed deposit receipt standing in the name of A.Padmini issued by the Chennai Corporation Officials' Co-operative Society Limited Page No.5 of 8
Ex.P.9.
29.06.2016 Photocopy of fixed deposit receipt standing in the name of A.Padmini issued by the Chennai Corporation Officials' Co-operative Society Limited Ex.P.10 28.01.2016 Photocopy of fixed deposit receipt standing in the name of A.Padmini issued by the Chennai Corporation Officials' co-operative Society Limited Ex.P.11 - Photocopy of passbook issued by Indian Overseas Bank standing in the name of A.Padmini Ex.P.12 31.08.2025 Copy of a Paper publication effected in one issue of Tamil daily 'Makkal Kural'
Ex.P.13 - Certificate filed under Section 65B of the Indian Evidence Act r/w Section 63 of BNS for downloaded documents.
14.11.2025 Page No.6 of 8
P.DHANABAL, J., ssd O.P. No.
of 202 Page No.7 of 8
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