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Madras High CourtOP/783/2023allowed

A.Chandrasekar And 3 Others v. No Respondent

2024-04-30Honourable Mr Justice C.V. Karthikeyan4 pages

O.P.No.783 of 2023 C.V.KARTHIKEYAN, J.

The petitioners who are the paternal uncle and aunt of Mr.A.Arunkumar, who died intestate on 08.06.2022, seek Letters of Administration with respect to the properties mentioned in the Schedule.

2. It is stated that the said Mr.A.Arunkumar is the son of their brother, Mr.A.Veerasekar, who died on 02.09.2020. The mother of Mr.A.Arunkumar, Mrs.A.Rajalakshmi, also died on 04.09.2005. She was the owner of one property and the father of Mr.A.Arunkumar was the owner of the other property. Both of them died intestate. It is also stated in the petition that Mr.A.Arunkumar was married to one Ms.Jeevan Lakshmi. But, in view of various differences between them, a petition for divorce had been filed before the Family Court and the marriage has been dissolved by an order of the Court. Decree copy has been produced as a document.

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3. The petitioner was directed to tender evidence. The first petitioner was examined as P.W.1 and he marked the death certificate of his father as Ex.P1, the sale deed in favor of his brother viz., Mr.Veerasekar as Ex.P3, sale deed in favour of the sister/wife of Mr.Veerasekar as Ex.P4, the death certificate of Mrs.Rajalakshmi, wife of Mr.Veerasekar as Ex.P6, the death certificate of his brother viz., Mr.Veerasekar as Ex.P8, the legal heirship certificate as Ex.P9, the copy of the decree of divorce as Ex.P10 and the death certificate of Mr.A.Arunkumar as Ex.P11.

4. Heard the learned counsel for the petitioner.

5. Taking the nature of evidence recorded and the documents produced, this petition stands allowed.

6. Registry is directed to issue Letters of administration in favour of all the petitioners in accordance with Rules. The petitioners are directed to duly administer the properties and credits of the deceased more fully described in the schedule. The petitioners are directed to execute a bond for a sum of Rs.25,000/- (Rupees Twenty Five Thousand 2/4

only) in favour of the Assistant Registrar (O.S.II) High Court, Madras. The petitioners are further directed to render true and correct accounts once in a year.

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C.V.KARTHIKEYAN,J.

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