Allowed¶36

Mohammed Shazi Kandrikar v. Mario Aoki and another

Madras HC12 Feb 2026OP/527/2025

Case brief

AI extract

What is this about?

Succession certificate; Section 372 Indian Succession Act 1925; Order XXV Rule 6 Original Side Rules; Madras High Court OP No. 527 of 2025; intestate death 06.03.2023; Aoki Maya; Herbalife International India Pvt. Ltd. dues Rs.65,00,000; Associateship ID 30857087; consent affidavits of sons Mario Aoki and Xanan Kandrikar Aoki; paper publication Makkal Kural; PW1 Mohammed Shazi Kandrikar; exhibits Ex.P.1 to Ex.P.9; Section 63(4)(C) BSA electronic documents certificate; P. Dhanabal J.; decided 12-02-2026; petition allowed.

What did the court decide?

Succession Certificate granted to the 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. ¶36

Mohammed Shazi Kandrikar Vs Mario Aoki and another — Succession and Inheritance | Madras HC (2026)

What the court decided

AI extract

Outcome

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Issue for consideration

Whether the petitioner is entitled to be granted a Succession Certificate under Section 372 of the Indian Succession Act read with Order XXV Rule 6 of the Original Side Rules in respect of the debts and securities of the deceased Aoki Maya. +1 more

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Court's answer

The petitioner is entitled to the Succession Certificate.

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Ratio / Principle

On a perusal of the evidence of PW1 and documents Ex.P.1 to Ex.P.9, the petitioner and the respondents are the legal heirs of the deceased Aoki Maya to succeed her estates; she died intestate and the respondents gave consent affidavits in favour of the petitioner.

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Key takeaways

The Original Petition is allowed and a direction is issued for grant of a Succession Certificate in favour of the petitioner with power to collect the securities, receive interest and dividends, negotiate, and receive terminal benefits specified in the Schedule, as applicable till the date of withdrawal.ratio¶37

Detailed headnote1 paragraphs

Madras High Court (P. Dhanabal, J.), by order dated 12-02-2026 in OP No. 527 of 2025, allowed a petition under Section 372 of the Indian Succession Act, 1925 r/w Order XXV Rule 6 of the O.S. Rules and directed grant of a Succession Certificate to Mohammed Shazi Kandrikar, husband of the deceased Aoki Maya, who died intestate on 06.03.2023. The deceased was a registered Independent Associate / Direct Seller of Herbalife International India Pvt., Ltd. (Associateship ID No.30857087), and the face value of her commissions, royalties and other dues was about Rs.65,00,000/-. The couple's sons, respondents 1 and 2 (Mario Aoki and Xanan Kandrikar Aoki), filed consent affidavits; paper publication in the Tamil daily 'Makkal Kural' drew no objection; PW1 (the petitioner) was examined and Ex.P.1 to Ex.P.9, including a certificate under Section 63(4)(C) of BSA for electronic documents, were marked. The Succession Certificate carries power to collect the securities/debts, receive interest and dividends, negotiate, and receive terminal benefits specified in the Schedule, as applicable till the date of withdrawal.

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OP No. 527 of 2025

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IN THE HIGH COURT OF JUDICATURE AT MADRAS

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DATED: 12-02-2026

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CORAM

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THE HON'BLE MR.JUSTICE P. DHANABAL

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OP No. 527 of 2025

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Mohammed Shazi Kandrikar

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S/o. Kandrikar Fazlur Rahman New No.17, Old No.8, Pycrofts Garden Street, Thousand Lights, Greams Road, Chennai 600 006.

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..Petitioner(s)

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Mario Aoki

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S/o. Mohammed Shazi Kandrikar, New No.17, Old No.8, Pycrofts Garden Street, Thousand Lights,

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Greams Road, Chennai 600 006.

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Xanan Kandrikar Aoki S/o. Mohammed Shazi Kandrikar, New No.17, Old No.8, Pycrofts Garden Street, Thousand Lights, Greams Road, Chennai 600 006.

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..Respondent(s)

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Prayer: Petition filed under Section 372 of the Indian Succession Act, 1925 r/w Order XXV Rule 6 of O.S.Rules to grant Succession Certificate to the petitioner with power to collect the debts and to receive the interest and dividends on and negotiate and transfer the securities specified in the schedule hereto.

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https://www.mhc.tn.gov.in/judis

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OP No. 527 of 2025

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For Petitioner(s): Mr.A.V.Arumugam For Respondent(s): Mr.M.Prakash for R1 and R2

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ORDER

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This petition has been filed by the petitioner praying to grant Succession Certificate under Section 372 of the Indian Succession Act read with Order XXV Rule 6 of the Original Side Rules.

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According to the petitioner, the petitioner’s wife, namely, Aoki Maya

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died on 06.03.2023.

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The petitioner is the husband of Aoki Maya and the respondents 1 and 2 are the sons of petitioner and Aoki Maya.

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Except the above petitioner and respondents, there are no other legal heirs to the said deceased Aoki Maya. The said deceased Aoki Maya, during her lifetime, was a registered Independent Associate / Direct Seller of Herbalife International India Pvt., Ltd., under Associateship ID No.30857087 . The face value of the commissions, royalties and other dues (debts) would come around Rs.65,00,000/-. The deceased Aoki Maya died intestate. A due and diligent search has been made for a Will, but it was not found. Since the petitioner and the respondents 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

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https://www.mhc.tn.gov.in/judis

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OP No. 527 of 2025

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those commissions, royalties, and other dues (debts), the Succession Certificate is necessary to the petitioner. The respondents have filed the consent affidavits of both the sons, viz., respondents 1 and 2 to grant succession certificate to the petitioner. Therefore, the petitioner has filed this petition.

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After filing of this Original Petition, the petitioner was 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.

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This Court also perused the entire documents including the evidences. The petitioner namely Mr. Mohammed Shazi Kandrikar has been examined as PW1 and 9 documents have been marked. On a careful perusal of the evidence of PW1 and the documents, viz., Ex.P.1 to Ex.P.9, they revealed that the petitioner and the respondents are the legal heirs of the deceased Aoki Maya to succeed her estates and she died intestate and the respondents have given their consent affidavits to grant succession to the petitioner, thereby, the petitioner is entitled to get the share certificates. Therefore, petitioner is entitled to the Succession Certificate.

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https://www.mhc.tn.gov.in/judis

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OP No. 527 of 2025

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In view of the same, this Original Petition is allowed. The petitioner

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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 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.

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12.02.2026

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Index : Yes/No Speaking Order : Yes/No ssd

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APPENDIX:

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List of Petitioner side Witness: PW1 : Mr. Mohammed Shazi Kandrikar

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List of Petitioner side Documents:

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Exhibit No.	Date	Description of Documents
Ex.P.1.	-	Original Death Certificate of Mrs.Aoki Maya
Ex.P.2	-	Aadhaar Card of Mrs.Aoki Maya
Ex.P.3	-	Computer generated legal heirship certificate of Mrs.Aoki Maya
Ex.P.4.	-	Photocopy of my Aadhar card (Compared with the Original)
Ex.P.5	-	Photocopy of the Aadhaar Card of 1^st respondent

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https://www.mhc.tn.gov.in/judis

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OP No. 527 of 2025

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Ex.P.6	-	Photocopy of the Aadhaar Card of 2^nd respondent(Compared with the original)
Ex.P.7.	10.06.2025	Original Certificate dated 10.06.2025 issued by Herbalife along with the E-mail dated 10.10.2024
Ex.P.8.	-	Certificate under Section 63(4)(C) of BSA for electronic documents.
Ex.P.9.	28.11.2025	Copy of the Paper publication effected in one issue of tamil daily‘Makkal Kural’