Mrs.G.Savithri v. No Respondent
N.SATHISH KUMAR, J.
This Original Petition has been filed under Sections 218 and 278 of Indian Succession Act, 1925, read with Order XXV Rule 5 of Original Side Rules, for the grant of Letters of Administration to the property and credits of the deceased Mrs.Shanthi.
2.The petitioner is the mother-in-law of the deceased Mrs.Shanthi, who died on 16.06.2020. The husband of the deceased Mr.Sekar died on 01.08.2020. They have no issues. The parents of the deceased also died on 22.02.2010 and 10.06.2020 respectively. The husband of the petitioner pre-deceased on 14.06.2014. Therefore, the petitioner, being the mother-in-law (heir of the husband of the deceased) filed this petition seeking Letters of Administration to the property and credits of the deceased. 3.On the side of the petitioner, the petitioner has examined herself as P.W.1 and Exs-P.1 to P.10 were marked. 4.P.W.1 in his evidence had narrated the averments made in the
Original Petition stating that the petitioner has filed this Original Petition for the grant of Letters of Administration in her favour in respect of the property and credits of the deceased. Ex-P.1 is the death certificate of the deceased; Ex-P.2 is the death certificate of the husband of the deceased; Ex-P.3 is the death certificate of the father of the deceased; Ex-P.4 is the death certificate of the mother of the deceased; Though the sale deed dated 24.03.2004 executed in favour of the deceased has been filed, it has been wrongly marked as ExP.4; Ex-P.5 is the sale deed dated 13.04.2016 executed in favour of the deceased; Ex-P.6 is the legal heir certificate of the husband of the deceased; Ex-P.8 is the affidavit of assets showing the net value of the estate as Rs.15,00,000/-; Exs-P.9 and P.10 are the paper publications and none have objected for the same.
5.Since the petitioner has established that the deceased had no issues, the petitioner, being the heir of the husband of the deceased, is entitled for the issuance of Letters of Administration in her favour since as per Section 15 of the Hindu Succession Act, 1956 she is deriving property. 6.Accordingly, this Original Petition is ordered. 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. 01.11.2023 TK
N.SATHISH KUMAR, J.
TK 01.11.2023