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2026 Supreme(Online)(Mad) 30709

IN THE HIGH COURT OF JUDICATURE AT MADRAS
A.D.Maria Clete, J
Shanthi M – Appellant
Versus
No Respondent – Respondent
Original Petition | No.107/2



Advocates:
For the Appellants/Petitioners: Mr. S.Vijayaganesh

The court affirmed the right of a sole legal heir to inherit an intestate estate and access related assets without opposition, as per the Indian Succession Act, 1925.

Headnote:(A) Indian Succession Act, 1925 - Section 372 - Grant of Succession Certificate - The petitioner, as the sole surviving sister of the intestate deceased, is entitled to a Succession Certificate for the estate of the deceased and to access related bank accounts, as there are no rival claimants and no objections have been raised according to the legal heirship certificate - The court found the petitioner as the only Class II legal heir entitled to represent the estate - The court ruled that there is no impediment based on Section 370 of the Indian Succession Act, 1925. (Paras 5 and 7)

(B) Succession Certificate - Requirements - A legal representative must provide a Succession Certificate to access a bank locker of a deceased sole hirer without nomination - It is necessary to have the certificate to enable the bank to proceed with further actions regarding the estate. (Paras 3 and 4)

Facts of the case:
The petitioner is the sister of the deceased, who died intestate in a hospital. Both parents of the deceased had predeceased her. The original petition was filed to obtain a Succession Certificate for the deceased's estate amounting to Rs. 20,00,000/-. The estate in question mainly consists of a Savings Bank Account with a locker facility.

Findings of Court:
The court found that the petitioner is the sole legal heir and has established her entitlement to the estate without any opposition.

Issues: The main issue was the rightful legal heir to the estate of the intestate deceased and the requirements for obtaining the Succession Certificate.

Ratio Decidendi: The court confirmed that the petitioner has the right to inherit the estate as the only legal heir and that no competing claims exist.

Result: The Original Petition is allowed, granting the Succession Certificate in favor of the petitioner.

Table of Content
1. petitioner's claim as sole legal heir established. (Para 1 , 2)
2. requirement of succession certificate for accessing bank locker. (Para 3)
3. court satisfied with evidence and no rival claim. (Para 4 , 5)
4. succession certificate granted in favor of petitioner. (Para 7)

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:

06.04.2026 dpq DR.A.D.MA

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