Shahida Banu And 6 Others v. No Respondent
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 10.11.2025 CORAM :
THE HONOURABLE MR.JUSTICE P.DHANABAL 1.Sahida Banu D/o (Late) Abdul Mujeer
2. Nazira Banu D/o (Late) Abdul Mujeer
3. Shatira Banu D/o (Late) Abdul Mujeer
4. Thahira Banu D/o (Late) Abdul Mujeer
5. Tariz Razee S/o (Late) Hidayathullah
6. Haseeb Ur Rahman S/o (Late) Mohamed Hidayathullah
7. HishamMohamed S/o (Late) Mohamed Hidayathullah ... Petitioners PRAYER: Original Petition is filed under Section 372 of the Indian Succession Act XXXIX of 1925 read with Order XXV Rule 6 of the Original Side Rules praying to grant Succession Certificate in favour of the petitioners with power to collect debts, to receive interest and dividends thereon and negotiate and transfer securities For Petitioners :
Mr. M.A.Shahul Hameed Page No.1 of 7
ORDER
This petition has been filed by the petitioners 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 petitioners, one Abdul Mujeer died on 28.08.2022 and his wife Haleema Bee, died on 02.06.2021. •The petitioners 1 to 4 are the daughters of the said Abdul Mujeer. •The petitioners 5 to 7 are the children of Late Sahira Banu, who is the daughter of the said Abdul Mujeer.
Except the above petitioners, there are no other legal heirs to the said deceased Abdul Mujeer. The said deceased Abdul Mujeer and his wife, Haleema Bee, during their lifetime, had two joint accounts, viz., 0941101028371 and 0941101061484 in Canara Bank, Thousand Lights Branch, Greams Road, Chennai. The face value of the said accounts would Page No.2 of 7
come around Rs.12,82,039.90 & Rs.7,81,296.87/-. The deceased Abdul Mujeer died intestate. 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. 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.P16.
4. This Court also perused the entire documents including the evidences. During the pendency of the petition, the 1 st petitioner namely Mrs.Shahida Banu has been examined as P.W.1 and 17 documents have been marked. On a careful perusal of the evidence of P.W.1 and the documents Page No.3 of 7
Ex.P.1 to Ex.P17, they reveal that the petitioners are the legal heirs of the deceased Abdul Mujeer to succeed his estates and he died intestate, thereby, the petitioners are entitled to collect debts, to receive interest and dividents.
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 petitioners with power to collect the securities and to receive the interest and dividends specified in the Schedule, as applicable till the date of withdrawal, is issued. 10.11.2025 Index :
Yes/No Speaking Order :
Yes/No ssd APPENDIX:
List of Petitioner side Witnesses:
PW1 :
Mrs. Sahida Banu Page No.4 of 7
List of Petitioner side Documents:
Exhibit No.
Date Description of Documents Ex.P.1.
- True copy of bank passbook jointly standing in the name of S.A.Mujeer and Haleema Bee in Canara Bank, Thousand Lights Branch, Chennai Ex.P.2 - True copy of another bank passbook jointly standing in the name of S.A.Mujeer and Haleema Bee in Canara Bank, Thousand Lights Branch, Chennai Ex.P.3 - Computer generated death certificate of Mrs.Haleema Bee Ex.P.4.
- Computer generated legal heirship certificate of Mrs.Haleema Bee Ex.P.5 - Computer generated death certificate of Mr.S.Abdul Mujeer Ex.P.6 - Computer generated legal heir certificate of Mr.S.Abdul Mujeer Ex.P.7.
Computer generated death certificate of Mrs.Sahira Banu Ex.P.8.
Computer generated legal heirship certificate of Mrs.Sahira Banu Ex.P.9.
- Photocopy of passport of 1 st petitioner Ex.P.10 - Photocopy of Aadhaar card of 2 nd petitioner, Mrs.Nazira Banu Page No.5 of 7
Ex.P.11 Photocopy of Aadhaar Card of 3 rd petitioner of Mrs.Shatira Banu Ex.P.12 - Photocopy of Aadhar Card of 4 th petitioner of Mrs.Thahira Banu Ex.P.13 - Photocopy of identity card of 5 th petitioner of Mr.Tariq Razee Ex.P.14 - Photocopy of Aadhaar card of 6 th petitioner of Mr.Haseeb Ur Rahman Ex.P.15 - Photocopy of Aadhar Card of Mr.Hisham Mohamed (Compared with the Original) Ex.P.16 - Certificate under Section 63 of BSA Act Ex.P.17 31.08.2025 Copy of the paper publication effected in one issue of Tamil Daily 'Makkal Kural'
10.11.2025 Page No.6 of 7
P.DHANABAL.,J ssd 10.11.2025 Page No.7 of 7