Mr.Sathyanarayanan v. Mrs.V.Lakshmi And Another
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 28.04.2023
CORAM
THE HONOURABLE MR.JUSTICE K.KUMARESH BABU Sathyanarayanan ... Petitioner Vs 1.V.Lakshmi 2.G.Latha ... Respondents PRAYER: Original Petition filed for issuance of Letters of Administration under Section 232 & 276 of the Indian Succession Act, r/w.XXV Rule 5 of the Original Side Rules, prays that the Letters of Administration to the properties and credits of the deceased having effect throughout the State of Tamil Nadu, to the petitioner being the brother of the deceased Late Mr.Gopalakrishnan and brother-in-law of Late Mrs.G.Visalakshi. For Petitioner : Mr.Harshit S.Jain for M/s.Rank Associates For Respondents : No appearance
ORDER
This Original Petition has been filed for issuance of Letters of Administration in respect of the property and credits held by S. Gopalakrishnan and G.Visalakshi, both died intestate on 31.03.2019 and 1/6
14.12.2021 respectively. The petitioner is the brother and brother in-law of the deceased. The respondents are the daughters of Santhanam, the predeceased brother of the deceased S.Gopalakrishnan. The petitioner seeks issuance of Letters of Administration in respect of the property and credits situate within the jurisdiction of this Court.
2. The petitioner submits that his brother late S.Goplakrishnan was married to one Visalakshmi and they had no issues out of the wedlock. The said S.Gopalakrishnan has two brothers namely Sathyanarayanan (petitioner herein) and late Santhanam. The petitioner further submits that both the deceased died intestate and the petitioner being the only surviving Class-II legal heir of deceased S.Goplakrishnan and brother in-law of deceased G.Visalakshmi claims to be entitled for the share of the estate.
3. The petitioner is examined as P.W.1. He has produced the death certificates of the deceased S.Gopalakrishnan and G.Visalakshi, as Exs.P1 and P3, and the legal heirship certificate of the deceased S.Gopalakrishnan, as Ex.P2. A perusal of Ex.P2 shows that late G.Visalakshmi is the only Class-I legal heir left behind by the deceased S.Gopalakrishnan at the time of his death. The first and second respondents have given their consent to 2/6
grant Letters of Administration in favour of the petitioner, and their consent affidavits are marked, as Exs.P13 and P14. A paper publication has been made and any objections have not been received.
4. In view of the above said facts and evidence, this Original Petition is ordered and Letters of Administration is granted in favour of the petitioner, in respect of the property and credits held by S.Gopalakrishnan and G.Visalakshmi. The petitioner is directed to execute a security bond for a sum of Rs.25,000/- (Rupees Twenty Five Thousand only) in the name of the Assistant Registrar (Original Side) of this Court. The petitioner is further directed to file an inventory of assets and statement of accounts within a period of six months and one year, respectively. gba Index :Yes/No Speaking order: Yes/ No Petitioner's witness:
P.W.1 - Mr.Sathyanarayanan Documents exhibited by the petitioner:
Ex.P1 Computer generated death certificate of Mr.S.Gopalakrishnan Ex.P2 Computer generated legal certificate of Mr.S.Gopalakrishnan 3/6
Ex.P3 Computer generated death certificate of Mrs.G.Visalakshi Ex.P4 Photocopy of the share certificate of Shriram Transport Finance Company Ltd. bearing registered folio No.78905 and certificate No.607602 in respect of Mr.Gopalakrishnan Ex.P5 Photocopy of the City Union Bank fixed deposit advice in respect of Mrs.G.Visalakshi Ex.P6 Karnataka Bank Savings account passbook bearing account No.4962500101690001 in respect of the account held by Mr.S.Gopalakrishnan and Mrs.G.Visalakshi Ex.P7 Photocopy of the fixed deposit receipt of the Kumbakonam Mutual Benefit Funds standing in the name of Mr.S.Gopalakrishnan and Mrs.G.Visalakshi Ex.P8 Photocopy of the special savings deposit passbook of the Kumbakonam Mutual Funds bearing account No.293 standing in the name of Mr.S.Gopalakrishnan and Mrs.G.Visalakshi Ex.
P9 Photocopy of the fixed deposit receipt of the Kumbakonam Mutual Benefit Funds bearing account No.1089 standing in the name of Mr.S.Gopalakrishnan and Mrs.G.Visalakshi Ex.P10 Photocopy of the front page of Indian Bank passbook bearing account No.6207686886 of Mr.S.Gopalakrishnan/ Mrs.G.Visalakshi Ex.P11 Photocopy of the front page of Indian Bank passbook bearing account No.449632622 of Mrs.G.Vijalakshi Ex.P12 Photocopy of the sale deed dated 25.09.1985 executed in favour of Mr.S.Gopalakrishnan Ex.P13 Consent affidavit given by the 1st petitioner Ex.P14 Consent affidavit given by the 2nd petitioner Ex.P15 Affidavit of assets showing the net value of estate as Rs.30,46,450/- Ex.P16 Copy of paper publication effected in one issue of Tamil dialy "Makkal Kural" dated 27.02.2023 Ex.
"Trinity Mirror" dated 07.03.2023 gba K.KUMARESH BABU,J.
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