Allowed

Mumtaj Begum v. Mr.S.M.K.Mohamed Ali Jinnah

Madras HC26 Nov 2019OP/156/2019

Case brief

AI extract

What is this about?

This petition was filed under Section 372 of the Indian Succession Act, 1925, seeking a succession certificate for the estate of an intestate deceased. The petitioner, as a legal heir, claimed entitlement to the deceased's share after her mother's death. The court found the averments and evidence satisfactory and granted the certificate.

What did the court decide?

Grant of succession certificate to the 1st petitioner with power to collect the debts and to receive the interest specified in the schedule hereto.

Mumtaj Begum Vs Mr.S.M.K.Mohamed Ali Jinnah — Succession and Inheritance | Madras HC (2019)

¶1

O.P.No.156 of 2019

¶2

O.P.No.156 of 2019

¶3

K.KALYANASUNDARAM, J.

¶4

This Petition has been filed under Section 372 of the Indian Succession Act, 1925 read with Order XXV Rule 6 of Original Side Rules 1956,

¶5

to grant succession certificate in favour of the first petitioner.

¶6

In the petition, it is stated that the deceased S.M.K.Showkath Ali

¶7

ordinarily resided at No.19/41, Mohammed Hussain Street, Royapettah, Chennai – 600 014 and died on 04.08.2013 and left the properties within the jurisdiction of this Court. The deceased died intestate and that due and diligent search has been made for a Will, but, none has been found. The deceased at the time of his death left behind his wife, two daughters, the petitioners herein and his mother as his surviving legal heirs. The mother of the deceased died on 04.10.2016, leaving behind the respondents herein as her legal heirs. The petitioners are the legal heirs of the deceased, who

¶8

claims to be entitled the share of the estate of the deceased.

¶9

It is further stated that the deceased having a savings bank

¶10

account with the Corporation Bank, Whites Road Branch, Whites Road, Chennai – 600 014 and a sum of Rs.71,04,137/- is lying in the said account.

¶11

http://www.judis.nic.in Page No.1/5

¶12

O.P.No.156 of 2019

¶13

As per the Islamic Law of inheritance, the legal heirs of the deceased are entitled for the shares as computed and that the mother of the deceased is entitled for 1/6 share and the petitioners are entitled for the remaining 5/6 shares. The petitioners have only set forth in the schedule No.1 hereto the debts in respect of which the certificate is applied for. The succession certificate is required for the purpose of obtaining the amount of Rs.59,20,114/- (out of Rs.71,04,137/-).

¶14

4.No application has been made to any District Court or delegate or

¶15

to any High Court for probate of any Will of the deceased or for letters of administration with or without the Will annexed to his properties and credits and no application had been filed for a succession certificate in respect of any debts or security belonging to the estate of the said deceased has been made to any District Court or delegate or to any High Court.

¶16

The 1^st petitioner undertakes to deposit the proceeds of shares for

¶17

the 2^nd and 3^rd petitioner in their names for the benefit of their future and

¶18

use them for their education or marriage as and when need arises. Hence,

¶19

the petitioners have approached this Court for grant of Succession

¶20

http://www.judis.nic.in Page No.2/5

¶21

O.P.No.156 of 2019

¶22

Certificate in favour of the 1^st petitioner with power to collect the debts and to receive the interest specified in the schedule hereto.

¶23

The first petitioner examined herself as P.W.1 and deposed

¶24

evidence on behalf of the other petitioners and marked Exs.P1 to P6 viz.,

¶25

i) Ex.P1 is the computer generated copy of the death certificate of Mr.S.M.K.Showkath Ali, who died on 04.08.2013.

¶26

ii) Ex.P2 is the computer generated copy of the death certificate of A.Rameesa Beevi, who died on 04.10.2016.

¶27

iii) Ex.P3 is the photocopy of the Legal Heirship certificate dated 18.10.2013 in respect of Mr.S.M.K.Showkath Ali.

¶28

iv) Ex.P4 is the photocopy of the Corporation Bank Passbook bearing account No.012200101008088 in respect of Mr.S.M.K.Showkath Ali.

¶29

v) Ex.P5 (series 3 Nos) are the photocopies of the Aadhaar cards of all the petitioners.

¶30

vi) Ex.P6 is a copy of paper publication effected in one issue of Tamil daily “Makkal Kural” dated 16.10.2019.

¶31

She has further stated in her evidence that she has not filed any

¶32

other petition seeking the same relief.

¶33

http://www.judis.nic.in Page No.3/5

¶34

O.P.No.156 of 2019

¶35

Considering the averments made in the petition and the

¶36

documents filed by the petitioners, I am satisfied that the 1^st petitioner has succeeded the Estate of the deceased. Therefore, the petition is ordered as

¶37

prayed for and a direction for grant of Succession Certificate to the 1^st

¶38

petitioner with power to collect the debts and to receive the interest

¶39

specified in the schedule hereto.

¶40

26.11.2019
ms

¶41

http://www.judis.nic.in Page No.4/5

¶42

O.P.No.156 of 2019

¶43

K.KALYANASUNDARAM, J. ms

¶44

O.P.No.156 of 2019
26.11.2019

¶45

http://www.judis.nic.in Page No.5/5

Mumtaj Begum v. Mr.S.M.K.Mohamed Ali Jinnah

Case brief

What is this about?

What did the court decide?

Mumtaj Begum v. Mr.S.M.K.Mohamed Ali Jinnah

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Statutes considered

Parties & counsel

Coram

Case details

Similar cases

Shyam v Acharya Vs K.R.v.Acharya

Mrs.N.Jayashree Vs K.R.Nagarajan

V.Sriram Venkatakrishnan Vs v.Saraswathi

Vasantha Subramaniam Vs No Respondent

V.Veeraraghavan Vs v.Parameswari

will of Ravindra Maheswari Vs Anita Chandak @ Aditi Chandak