Back
2026 Supreme(Online)(Mad) 64789
IN THE HIGH COURT OF JUDICATURE AT MADRAS
A.D. Maria Clete, J
Mr.J.Ignatius and Another – Appellant
Versus
No Respondent – Respondent
O.P. No. 586 of 2022
For the Appellants/Petitioners: B. Satish Babu, J. Haridoss
For the Respondents: Nil
A succession certificate may be granted to the legal heirs of a beneficiary who died intestate after having been bequeathed assets through a probated Will, provided there is no legal impediment under the Indian Succession Act.
Headnote:The petition was filed under Section 372 of the Indian Succession Act, 1925, and Order XXV Rule 6 of the Original Side Rules for the grant of a succession certificate to collect EPF amounts. The original owner of the funds bequeathed them to her sister via a probated Will; however, the sister subsequently died intestate, leaving the petitioners as her legal heirs. The court found that the petitioners established their legal heirship and the necessity of the certificate due to the requirements of the Employees Provident Fund Organisation. The court addressed whether a succession certificate is permissible when the beneficiary of a probated Will dies intestate. The court reasoned that since the petitioners are the surviving legal heirs of the intestate beneficiary and there is no legal impediment under Section 370 of the Indian Succession Act, 1925, the grant of the certificate is justified to facilitate the release of funds. Accordingly, this Original Petition is allowed.
| Table of Content |
|---|
| 1. factual background regarding the chain of succession from the original deceased to the current petitioners and the administrative refusal by epfo. (Para 1 , 2 , 3 , 4) |
| 2. verification of legal claims through documentary evidence and public notification to ensure no rival claimants exist. (Para 5 , 6) |
| 3. grant of succession certificate upon satisfaction of legal heirship and absence of statutory impediments. (Para 7 , 8) |
Prayer:
That Succession Certificate may be granted to the 1st Petitioner with the power to collect the debts and to receive interest as specified in the schedule hereto Net Amount Rs.20,00,000/- Suc.duty of Rs.25,000/- paid on 11.08.2022.
ORDER
1. This Original Petition has been filed under Section 372 of the Indian Succession Act, 1925, read with Order XXV Rule 6 of the Original Side Rules, seeking the grant of a Succession Certificate in favour of the first petitioner in respect of the EPF amount standing in the name of the late S.Bella, under UAN No. 100323555615, with the Employees Provident Fund Organisation, Royapettah, Chennai.
2. The petitioners' case is that the late S. Bella died on 10.05.2016. She was a spinster. During her lifetime, she executed a Will dated 26.04.2016, bequeathing her movable and immovable properties, including EPF, gratuity, terminal and retirement benefits, in favour of her sister, Mrs S. Alphonse Rani. The said Will was probated by this Court in O.P. No. 235 of 2018, and probate was granted on 01.08.2019.
3. It is further stated that Mrs S. Alphonse Rani, the beneficiary and executrix under the Will, died intestate on 08.07.2020, leaving the petitioners herein, namely, Mr J. Ignatius and Mrs J. Shrine Naveena, as her legal heirs. A legal heirship certificate dated 04.08.2020 has also been issued to that effect. The second petitioner has expressed her willingness and consent to the grant of a Succession Certificate in favour of the first petitioner.
4. According to the petitioners, all other terminal/death benefits of the late S. Bella were received by them, except the EPF amount. When the petitioners approached the Employees Provident Fund Organisation for release of the EPF amount, producing the probate order, the death certificate of Mrs Alphonse Rani, the legal heirship certificate, and other documents, the EPFO rejected the claim on 05.12.2021 on the ground that either the legal heirship certificate of the late S. Bella or the Succession Certificate from the Court should be produced. Thereafter, even in the grievance proceedings, the EPFO reiterated that the claim would be processed only on production of a Succession Certificate. Hence, the present petition has been filed.
5. Before the Learned Masters, the second petitioner, who was examined as P.W.1, has marked the documents on the petitioners' side. Ex.P1 is the computer-generated death certificate of S. Bella; Ex.P2 is the computer-generated death certificate of S. Alphonse Rani; Ex.P3 is the legal heirship certificate of S. Alphonse Rani; Ex.P4 is the rejection order dated 05.12.2021 issued by the Employees Provident Fund Organisation; Ex.P5 is the birth certificate of Ignatius; Ex.P6 is the birth certificate of J. Shrine Naveena; Ex.P7 is the Aadhaar card of P.W.1; Ex.P8 is the newspaper publication published in one issue of a Tamil daily; Ex.P9 is the copy of the probate order passed in O.P. No. 235 of 2018; and Ex.P10 is the certificate issued under Section 65-B of the Indian Evidence Act.
6. Paper publication has also been effected. No objection has been received from any person. There is no rival claimant before this Court. The debt/security for which the Succession Certificate is sought has been clearly described in the schedule to the petition as the EPF accrued amount of the late S. Bella, under UAN No. 100323555615, approximately valued at Rs. 20,00,000/-.
7. This Court is satisfied, from the pleadings, oral evidence and documents, that the late
