S.Preetam And Another v. T.Padma And 7 Others

O.P. No.225 of 2023 N.SATHISH KUMAR, J.

This Petition has been filed under Sections 218 and 278 of the Indian Succession Act read with Order XXV Rule 5 of the Original Side Rules, seeking to grant of Letters of Administration.

2. This petition has been filed for grant of Letters Administration in respect of the estate of one P.Gobindram. The deceased P.Gobindram died intestate on 27.05.1995. The petitioners and the respondents are the class II legal heirs of the deceased. The respondents have given consent for grant of Letters of Administration in favour of the petitioners. The deceased died intestate and though due and diligent search has been made for a Will, nothing has been found. The amount of assets which is likely to come to the petitioner's hands does not exceed in the aggregate sum of Rs.50,00,000/- and the net amount of the said assets after deducting all the items, which the petitioners are by law to deduct is only of the value of Rs.50,00,000/-. The petitioners undertakes to duly administer the property and credits of the deceased P.Gobindram 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 petitioners and also render a true account of the said property and credits within one year from the said date.

3. The first petitioner has been examined as P.W.1 and Exs.P1 to P11 are marked. P.W.1 in his evidence had narrated the averments made in the petition stating that the petitioners have filed this petition for grant of Letters of Administration in favour of them in respect of the estate of the deceased P.Gobindram. Ex.P.1 is the copy of the death certificate of Mr.P.Gobindram. Ex.P.2 is the computer generated death certificate of Mr.P.Inderdas. Ex.P3 is the photocopy of the legal heirship certificate of Mr.P.Inderdas. Ex.P4 is the computer generated death certificate of Mr.Shanker Das. Ex.P5 is the photocopy of the legal heirship certificate of Mr.P.Shanker Das. Ex.P8 is the encumbrance certificate for the period 01.01.1972 to 31.12.1974 in respect of the property mentioned in the petiton. Ex.P9 is the affidavit of assets showing the net value of estate as Rs.50,000/-. Ex.P10 and 11 are the paper publications, but none have objected for the same.

4. In view of the above facts and consent affidavit filed by the respondents, I am of the view that the petitioners have proved their claim and hence, the petitioners are entitled for the issuance of Letters of Administration in their favour.

5. Accordingly, this petition is allowed. Issue Letters of Administration in favour of the petitioners. The petitioners are directed to duly administer the properties and credits of the deceased more fully described in the schedule. The petitioners are 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 petitioners are further directed to render true and correct accounts once in a year.

16.10.2023 dhk

N.SATHISH KUMAR, J.

dhk O.P. No.225 of 2023 16.10.2023