Shanthi M v. No Respondent
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 06-04-2026
CORAM
THE HON'BLE DR.JUSTICE A.D.MARIA CLETE Shanthi M S/o. Late Ms.Bhanu. M.
No.107/2, Bajanai Koil Street, Choolaimedu, Chennai 600 094.
..Petitioner(s) Original Petition has been filed under Section 372 of the Indian Succession Act 39 of 1925 read with Order XXV Rule 6 of O.S.Rules praying that a Succession certificate may be granted to the petitioner with power to collect the Debts of Deceased late Ms.M.Bhanu specified in the schedule hereto. Net amount of Rs.20,00,000/- Suc Duty of Rs.25,000/- paid on 04.09.2025 For Petitioner(s):
Mr.S.Vijayaganesh
ORDER
This Original Petition has been filed by the petitioner, Mrs. Shanthi M., seeking grant of Succession Certificate in respect of the estate of late Ms. M. Bhanu, who died intestate on 30.11.2020 at Billroth Hospital, Chennai, while ordinarily residing at No.107/2, Bajanai Koil Street, Choolaimedu, Chennai - 600094, within the jurisdiction of this Court. The petitioner is the sister of the deceased. The deceased was unmarried and both her parents, late A.R. Mani and
late M. Susila, had predeceased her.
2.
The petitioner's case is that late Ms. M. Bhanu and the petitioner were the only children of late A.R. Mani and late M. Susila; that the father died on 28.09.2002 and the mother died on 18.10.2016; and that after the death of the deceased on 30.11.2020, the petitioner alone survives as the sole legal heir. The petitioner has also relied upon the legal heirship certificate of late Ms. M. Bhanu and the judgment and decree dated 14.03.2023 in O.S. No.198 of 2021 passed by the IV Assistant Judge, City Civil Court, Chennai, declaring the petitioner as the only surviving Class II legal heir of late Ms. M. Bhanu. 3.
The petitioner states that the estate in question relates to the Savings Bank Account No.10123354627 in Customer ID No.80097498971 with locker facility bearing Locker No.6/10 SDV No.49864317489 in State Bank of India, Gill Nagar Branch, Chennai - 94, and that the petitioner requires the certificate to approach the Bank and obtain access to the locker and the belongings/articles kept therein. The Bank's letter dated 29.01.2025 also states that in the case of death of a sole locker hirer without nomination, the legal representative must produce Succession Certificate, Probate or Letter of Administration to enable the Bank to proceed further.
4.
There is no respondent in the petition. Publication was effected in "Makkal Kural" dated 03.12.2025 and affidavit of service was filed. On 19.12.2025, the learned Master verified the affidavit of service, recorded completion of service by way of paper publication, called for objections in open Court and, as no objection was raised. On 25.02.2026, the petitioner was examined as P.W.1 and Exs.P1 to P13 were marked, and the evidence was closed.
5.
On the basis of the oral and documentary evidence, this Court is satisfied that late Ms. M. Bhanu died intestate and unmarried; that her parents had predeceased her; and that the petitioner is the sole surviving sister and the only surviving legal heir now entitled to represent the estate. In the context of succession to the estate of an intestate Hindu female, the claim of the petitioner stands supported not only by the legal heirship certificate of the deceased and the declaratory decree in O.S. No.198 of 2021, but also by the fact that there is no rival claimant before this Court despite publication. 6.
There is also no material to show any impediment under Section 370 of the Indian Succession Act, 1925. The petitioner has specifically deposed that no application for probate, letters of administration, or succession certificate in respect of the estate of the deceased has been filed elsewhere.
7. In the result, this Original Petition is allowed. The petitioner is entitled to the value of the petition-mentioned assets and a direction for grant of Succession Certificate in favour of the petitioner with power to collect the debts 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.
06-04-2026 Index: Yes/No Speaking/Non-speaking order DPQ
Petitioner's witness:
P.W.1 - Mrs.Shanthi.M.
Documents exhibited by the petitioners:
Exhibits Documents Ex.P1 Computer generated death certificate of Mr.Mani A.R. Ex.P2 Photocopy of the legal heirship certificate of Mr.Mani A.R. (compared with the original) Ex.P3 Computer generated death certificate of Mrs.M.Susila. Ex.P4 Photocopy of the legal heirship certificate of Mrs.M.Susila (compared with the original) Ex.P5 Computer generated death certificate of Ms.M.Bhanu. Ex.P6 Computer generated legal heirship certificate of Ms.M.Bhanu.
Ex.P7 Certified copy of the decree passed in O.S.No.198 of 2021.
Ex.P8 Photocopy of the letter dated 29.01.2025 issued sent State Bank of India (Compared with the original) Ex.P9 Photocopy of my Aadhar Card (compared with the original) Ex.P10 Photocopy of the Aadhaar Card of Ms.M.Bhanu (compared with the original) Ex.P11 Copy of the paper publication effected in one issue of Tamil Daily "Makkal Kural" dated 03.12.2025 Ex.P12 True copy of the valuation report of Jewellery dated 27.03.2023 issued by State Bank of India.
Ex.P13 Certificate under Section 63 (4) (C) of BSA 06.04.2026 dpq
DR.A.D.MARIA CLETE, J.
DPQ 06-04-2026