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Madras High CourtOP/130/2020allowed

Mr.K.Packirisamy (Deceased) v. K.Rajeswari

2022-09-14Honourable Mr Justice C.V. Karthikeyan2 pages

O.P.No. 130 of 2020 C.V.KARTHIKEYAN, J.

This Petition has been filed under Section 218 and 278 of the Indian Succession Act 1925, seeking grant of Letters of Administration, but without Will annexed with respect to a property of N.K.Uthiraj, who also had two bank accounts.

2. The petitioner is the brother of N.K.Uthiraj and the respondent is his sister.

3. During the pendency of the petition and after recording evidence, the petitioner necessitating the son of the petitioner to be impleaded as the second petitioner to continue to prosecute the original petition.

4. N.K.Uthiraj, died a bachelor on 19.07.2019. Since he had died intestate without leaving any Class I heir, his brother and sister have joined together in filing this Petition. The sister / respondent had also filed a consent affidavit.

5. The petitioner was examined as PW-1. The death certificate of the mother of the petitioner/respondent/ N.K.Uthiraj was marked as Ex.P-1. The death certificate of the father Kuppusamy was marked as Ex.P-2. The death certificate of N.K.Uthiraj was marked as Ex.P-3. The statement of accounts with State Bank of India, Triplicane Branch and with Chennai Central Co-operative Bank Ltd., Nesapakkam Branch, had been marked as https://www.mhc.tn.gov.in/judis

C.V.KARTHIKEYAN, J.

vsg Exs. P-7 and P-8. Affidavit of assets were marked as Ex.P-10. The respondent had also filed a consent affidavit.

5. In view of the evidence adduced, this Original Petition stands allowed as follows:- (a) the Letters of Administration shall be issued in favour of the newely impleaded petitioner P.Manohar in respect of the properties mentioned in the petition.

(b) The petitioner is directed to duly administer the said properties of the deceased.

(c) The petitioner is also directed to execute a security bond for a sum of Rs.25,000/- (Rupees twenty five thousand only) in favour of the Assistant Registrar (O.S-II), High Court, Madras. (d) The petitioner is further directed to render true and correct accounts once in a year.

14.09.2022 Index:Yes/No Internet:Yes/No vsg O.P.No. 130 of 2020 https://www.mhc.tn.gov.in/judis