S.Nalini v. S.Dheerajsharavan

V.PARTHIBAN.,J.

This Petition has been filed under Sections 232 and 276 of the Indian Succession Act, 1925 read with Order XXV Rule 5 of the High Court Original Side Rules, seeking the grant of Letters of Administration.

2.In the petition, it is stated that the deceased V.Sakthivel died on 11.06.2020 at Apollo Speciality Hospital, Chennai. He was ordinarily residing at Plot No.11, 3rd Cross street, Vijaya Nagar, Velachery, Chennai. The deceased possessed the property within the jurisdiction of this Court. The deceased left behind the petitioners and the respondents as his legal heirs. The parents of the deceased predeceased him. The amount of assets which is likely to come to the petitioner's hands does not exceed in the aggregate sum of Rs.54,38,775/- and the net amount of the said assets after deducting all the items, which the petitioner in law allowed to deduct is only of the value of Rs.54,38,775/-. The petitioner undertakes to duly administer the property and credits of the deceased V.Sakthivel and to make a full and true inventory thereof and exhibit the same to the Court within six months from the date of grant of Letters of Administration to the petitioner and also render a true account of the said property and credits within 1 / 4

one year from the said date. No application has been filed in any other Court for Letters of Administration.

4.The wife of the petitioner, who examined herself as P.W.1, reiterated the averments made in the petition and filed the following documents viz., Exs.P1 to P14:

Ex.P1 is the original Will dated 06.01.2020 executed by Mr.V.Sakthivel who died on 11.06.2020.

Ex.P2 is the photocopy of the Aadhar Card of the deceased V.Sakthivel bearing No.529393963860.

Ex.P3 is the computer generated death certificate of V.Sakthivel.

Ex.P4 is the Computer generated Legal Heirship certificate dated 03.09.2020 in respect of V.Sakthivel.

Ex.P5 is the photocopy of the Aadhar Card of the wife of the deceased bearing No.854324808061.

Ex.P6 is the photocopy of the PAN Card of the PW.1 bearing No.AESPN2953B.

Ex.P7 is the photocopy of the Aadhar Card of the respondent, S.Dheeraj Sharavan bearing No.547345744637.

Ex.P8 is the photocopy of the PAN card of the respondent S.Dheeraj Sharavan bearing No.EHKPS6617E.

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Ex.P9 is the online copy of the statement of holdings as on 11.12.2020 in respect of the demat account held by V.Sakthivel. Ex.P10 is the photocopy of the Sale deed dated 26.10.2006 executed in favour of V.Sakthivel.

Ex.P11 is the affidavit of assets showing the net value of the estate as Rs.54,38,775/- Ex.P12 is the consent affidavit filed by the respondent. Ex.P13 is a copy of paper publication effected in one issue of Tamil daily "Makkal Kural" dated 31.07.2021.

Ex.P14 is a copy of paper publication effected in one issue of English daily "Trinity Mirror" dated 07.08.2021. 5.Considering the averments made in the petition and on perusing the materials available on record, this Court is satisfied that the petitioner is entitled to the issuance of Letters of Administration.

6.Accordingly, this petition is allowed. Issue Letters of Administration in favour of the petitioner. The petitioner is directed to duly administer the properties and credits of the deceased more fully described in the schedule. The petitioner is V. PARTHIBAN.,J.

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mrm 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. The petitioner is further directed to render true and correct accounts once in a year. 08.09.2021 mrm 4 / 4