T.S.Sugantha v. T.S.Lokeswari
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 T.D.Srinivasan died on 22.04.2008 at New No.9, Old No.5, Kuppuswamy Road, Chetpet, Chennai -600031 and he was ordinarily resided at the said address. The deceased possessed the property within the jurisdiction of this Court. The parents of the deceased predeceased him. The deceased died intestate and executed a Will on 03.01.2007 and the original Will is an unregistered document. The amount of assets which is likely to come to the petitioner's hands does not exceed in the aggregate sum of Rs.7,67,600/- 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.7,62,100/-. The petitioner undertakes to duly administer the property and credits of the deceased T.D.Srinivasan 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 1 / 4
to the petitioner and also render a true account of the said property and credits within one year from the said date. No application has been filed in any other Court for Letters of Administration. 3.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 P11:
Ex.P1 is the computer generated death certificate of his father T.D.Srinivasan, who died on 22.04.2008.
Ex.P2 is the certified copy of the petition in O.P.No.417 of 2009 filed by her sister T.S.Lokeswari.
Ex.P3 is the certified copy of affidavit of one of the attesting witness Gomathi Balasubrramaniam filed in O.P.No.417 of 2009. Ex.P4 is the certified copy of another attesting witness Mr.Ramiah filed in O.P.No.417 of 2009.
Ex.P5 is the certified copy of the affidavit of assets filed in O.P.No.417 of 2009.
Ex.P6 is the certified copy of the order dated on 18.01.2010 in O.P.No.417 of 2009 along with the copy of Will. Ex.P7 is the certified copy of the Order dated 18.01.2010 in O.P.No.417 of 2009.
Ex.P8 is the affidavit of assets showing the net value of the 2 / 4
estate as Rs.7,62,100/- claiming her 1/5th share in the property. Ex.P9 is the photocopy of the Legal heirship certificate dated 15.07.2008 in respect of T.D.Srinivasan.
Ex.P10 is a copy of paper publication effected in one issue of Tamil Daily "Maalai Sudar"dated 24.07.2019.
Ex.P11 is a copy of paper publication effected in one issue of English Daily "News Today"dated 01.08.2019.
4.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.
5.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 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.
08.10.2021 mrm 3 / 4
V. PARTHIBAN.,J.
mrm 08.10.2021 4 / 4