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2026 Supreme(Online)(Mad) 3592

IN THE HIGH COURT OF JUDICATURE AT MADRAS
Honourable Mr.Justice P. DHANABAL
P.Shonish Bhushan and another – Appellant
Versus
Umakantham Subramani – Respondent



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 ssd APPENDIX:

List of Petitioners side Witnesses:

PW1 : Mrs. P.Shonish Bhushan List of Petitioners side Documents:

07-01-2026 Index: Yes/No Speaking/Non-speaking order Neutral Citation: Yes/No ssd P.DHANABAL, J.

ssd

07-01-2026

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